[House Report 114-285]
[From the U.S. Government Publishing Office]


114th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       114-285

======================================================================



 
                 NATIONAL ENERGY SECURITY CORRIDORS ACT

                                _______
                                

October 6, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2295]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2295) to amend the Mineral Leasing Act to 
require the Secretary of the Interior to identify and designate 
National Energy Security Corridors for the construction of 
natural gas pipelines on Federal land, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Energy Security Corridors 
Act''.

SEC. 2. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS ON FEDERAL 
                    LANDS.

  (a) In General.--Section 28 of the Mineral Leasing Act (30 U.S.C. 
185) is amended as follows:
          (1) In subsection (b)--
                  (A) by striking ``(b)(1) For the purposes of this 
                section `Federal lands' means'' and inserting the 
                following:
  ``(b)(1) For the purposes of this section `Federal lands'--
          ``(A) except as provided in subparagraph (B), means''; and
                  (B) by striking the period at the end of paragraph 
                (1) and inserting ``; and'' and by adding at the end of 
                paragraph (1) the following:
          ``(B) for purposes of granting an application for a natural 
        gas pipeline right-of-way, means all lands owned by the United 
        States except--
                  ``(i) such lands held in trust for an Indian or 
                Indian tribe; and
                  ``(ii) lands on the Outer Continental Shelf.''.
          (2) By redesignating subsection (b), as so amended, as 
        subsection (z), and transferring such subsection to appear 
        after subsection (y) of that section.
          (3) By inserting after subsection (a) the following:
  ``(b) National Energy Security Corridors.--
          ``(1) Designation.--In addition to other authorities under 
        this section, the Secretary shall--
                  ``(A) identify and designate suitable Federal lands 
                as National Energy Security Corridors (in this 
                subsection referred to as a `Corridor'), which shall be 
                used for construction, operation, and maintenance of 
                natural gas transmission facilities; and
                  ``(B) incorporate such Corridors upon designation 
                into the relevant agency land use and resource 
                management plans or equivalent plans.
          ``(2) Considerations.--In evaluating Federal lands for 
        designation as a National Energy Security Corridor, the 
        Secretary shall--
                  ``(A) employ the principle of multiple use to ensure 
                route decisions balance national energy security needs 
                with existing land use principles;
                  ``(B) seek input from other Federal counterparts, 
                State, local, and tribal governments, and affected 
                utility and pipeline industries to determine the best 
                suitable, most cost-effective, and commercially viable 
                acreage for natural gas transmission facilities;
                  ``(C) focus on transmission routes that improve 
                domestic energy security through increasing 
                reliability, relieving congestion, reducing natural gas 
                prices, and meeting growing demand for natural gas; and
                  ``(D) take into account technological innovations 
                that reduce the need for surface disturbance.
          ``(3) Procedures.--The Secretary shall establish procedures 
        to expedite and approve applications for rights-of-way for 
        natural gas pipelines across National Energy Security 
        Corridors, that--
                  ``(A) ensure a transparent process for review of 
                applications for rights-of-way on such corridors;
                  ``(B) require an approval time of not more than 1 
                year after the date of receipt of an application for a 
                right-of-way; and
                  ``(C) require, upon receipt of such an application, 
                notice to the applicant of a predictable timeline for 
                consideration of the application, that clearly 
                delineates important milestones in the process of such 
                consideration.
          ``(4) State input.--
                  ``(A) Requests authorized.--The Governor of a State 
                may submit requests to the Secretary of the Interior to 
                designate Corridors on Federal land in that State.
                  ``(B) Consideration of requests.--After receiving 
                such a request, the Secretary shall respond in writing, 
                within 30 days--
                          ``(i) acknowledging receipt of the request; 
                        and
                          ``(ii) setting forth a timeline in which the 
                        Secretary shall grant, deny, or modify such 
                        request and state the reasons for doing so.
          ``(5) Spatial distribution of corridors.--In implementing 
        this subsection, the Secretary shall coordinate with other 
        Federal Departments to--
                  ``(A) minimize the proliferation of duplicative 
                natural gas pipeline rights-of-way on Federal lands 
                where feasible;
                  ``(B) ensure Corridors can connect effectively across 
                Federal lands; and
                  ``(C) utilize input from utility and pipeline 
                industries submitting applications for rights-of-way to 
                site corridors in economically feasible areas that 
                reduce impacts, to the extent practicable, on local 
                communities.
          ``(6) Not a major federal action.--Designation of a Corridor 
        under this subsection, and incorporation of Corridors into 
        agency plans under paragraph (1)(B), shall not be treated as a 
        major Federal action for purpose of section 102 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332).
          ``(7) No limit on number or length of corridors.--Nothing in 
        this subsection limits the number or physical dimensions of 
        Corridors that the Secretary may designate under this 
        subsection.
          ``(8) Other authority not affected.--Nothing in this 
        subsection affects the authority of the Secretary to issue 
        rights-of-way on Federal land that is not located in a Corridor 
        designated under this subsection.
          ``(9) NEPA clarification.--All applications for rights-of-way 
        for natural gas transmission facilities across Corridors 
        designated under this subsection shall be subject to the 
        environmental protections outlined in subsection (h).''.
  (b) Applications Received Before Designation of Corridors.--Any 
application for a right-of-way under section 28 of the Mineral Leasing 
Act (30 U.S.C. 185) that is received by the Secretary of the Interior 
before designation of National Energy Security Corridors under the 
amendment made by subsection (a) of this section shall be reviewed and 
acted upon independently by the Secretary without regard to the process 
for such designation.
  (c) Deadline.--Within 2 years after the date of the enactment of this 
Act, the Secretary of the Interior shall designate at least 10 National 
Energy Security Corridors under the amendment made by subsection (a) in 
contiguous States referred to in section 368(b) of the Energy Policy 
Act of 2005 (42 U.S.C. 15926(b)).

SEC. 3. NOTIFICATION REQUIREMENT.

  The Secretary of the Interior shall promptly notify the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate of each instance in which 
any agency or official of the Department of the Interior fails to 
comply with any schedule established under section 15(c) of the Natural 
Gas Act (15 U.S.C. 717n(c)).

                          Purpose of the Bill

    The purpose of H.R. 2295 is to amend the Mineral Leasing 
Act to require the Secretary of the Interior to identify and 
designate National Energy Security Corridors for the 
construction of natural gas pipelines on Federal land.

                  Background and Need for Legislation

    H.R. 2295 will facilitate the issuance of rights-of-way for 
natural gas pipelines to traverse federal lands, both by 
issuing rights-of-way and designating National Energy Security 
Corridors. The bill specifically focuses on lands managed by 
the National Park Service (NPS) as this federal agency 
currently interprets that it does not have authority to grant 
rights-of-way for such use under the Mineral Leasing Act (30 
U.S.C. 181 et seq.).
    The shale gas revolution in the United States has 
fundamentally changed the energy dynamic in our country. 
Increased natural gas production on state and private lands has 
not only helped our nation to surpass Saudi Arabia and Russia 
to become the global leader in energy production, but it has 
also highlighted a significant need for midstream 
infrastructure investments to ensure that natural gas 
production is capable of reaching areas within our nation that 
are currently underserved.
    Unfortunately, natural gas pipelines construction projects 
have been severely constricted in areas where pipeline rights-
of-way must cross federal lands. Currently, the Mineral Leasing 
Act provides authority for the Secretary of the Interior to 
issue rights-of-way for pipelines on federal lands; however, 
NPS lands are explicitly exempt. For this reason, an applicant 
for a right-of-way is forced to seek Congressional 
authorization to obtain legal approval for a natural gas 
pipeline on NPS lands. To date, only five natural gas pipelines 
have received Congressional approval. These five separate bills 
have taken between eight and 16 months to be enacted--
significantly prolonging the process.
    In the coming decades, the construction of significant 
pipeline infrastructure will be required to meet new natural 
gas capacity in the United States. Undoubtedly, federal lands--
including National Park System lands--will need to be accessed 
for upstream production to reach downstream consumers.

Increased natural gas demand, decreased access to Federal lands

    The U.S. shale gas revolution, driven by hydraulic 
fracturing and horizontal drilling in shale formations 
primarily on state and private lands, has helped to lead our 
nation to a renewed status as a global energy leader. According 
to a recent Congressional Research Service report, natural gas 
production on state and private lands surged between 2010 and 
2014--from 16.85 trillion cubic feet (Tcf) in 2010 to 23.2 Tcf 
in 2014--a 38 percent increase in just four years.\1\
---------------------------------------------------------------------------
    \1\Marc Humphries, U.S. Crude Oil and Natural Gas Production in 
Federal and Non-Federal Areas (R42432)(April 3, 2015).
---------------------------------------------------------------------------
    Meanwhile, over the same period, natural gas production on 
federal lands fell by 30 percent from 5.1 Tcf in 2010 to 3.5 
Tcf in 2014.\2\ Total natural gas production on federal and 
non-federal lands in 2014 was over 25 Tcf, solidifying the 
United States as the largest producer of natural gas--ahead of 
Russia and Saudi Arabia. The Energy Information Administration 
(EIA) Annual Outlook for 2015 estimates that by 2017, the 
United States will transition to a net exporter of natural 
gas--with net exports ranging from 3.0 Tcf to 13.1 Tcf by 2040. 
This vast energy abundance has lowered natural gas prices and 
transformed energy consumption in the United States.
---------------------------------------------------------------------------
    \2\Id.
---------------------------------------------------------------------------
    Coal currently leads as the predominant electricity energy 
source (39%). However, the current Administration's most recent 
regulations aimed at cutting carbon emissions from existing 
power plants in the United States will require energy companies 
to look to natural gas in the coming decades for electricity 
generation. While today natural gas generates 27% of 
electricity in the United States, EIA projects natural gas to 
generate 42% of total generation by 2040. Additionally, EIA 
projects industrial energy use to rise alongside the growth of 
our nation's shale gas supply.
    This projected increased use of natural gas necessitates 
significant infrastructure investments in the coming years to 
ensure that this prodigious resource is reaching areas that are 
currently underserved. The Interstate Natural Gas Association 
of America (INGAA) estimates significant capacity growth of 43 
billion cubic feet per day between 2014 and 2035--predominately 
in northeastern and southwestern states which will likely 
result in significant coal plant retirements and therefore will 
have increased gas-fired capacity. INGAA estimates that over 
$200 billion in capital expenditures will be dedicated to 
infrastructure expansion between 2014 and 2035.
    Under the Mineral Leasing Act (MLA), the U.S. Department of 
the Interior has the authority to issue permits and right-of-
ways for the construction of natural gas pipelines across 
federal land. However, the MLA definition of ``federal lands'' 
explicitly exempts lands managed by the NPS. Separate statutes 
have been enacted to authorize the Secretary of the Interior to 
issue approval of rights-of-way for electrical and telephone 
lines, water pipes and pipelines, mining and timber facilities, 
and canals and ditches.
    Because natural gas pipelines are not explicitly listed in 
the corresponding statutes, the Department of the Interior's 
conservative interpretation is that these statutes do not 
authorize the Department to issue permits and rights-of-way for 
natural gas pipelines across lands managed by the NPS. This is 
extremely troubling, given the NPS manages the National Trails 
System, including the Appalachian Trail, which is over 2,000 
miles long (1,090 of which is on federal lands) and spans 17 
states.
    A report issued by the Department of Energy in March 2014 
noted that, ``In the eastern U.S., more than twenty federally 
protected national trails (some of which are thousands of miles 
long, and cross many states) pose a potential obstacle to the 
development of new or expanded electricity transmission 
capacity.''\3\ While the report focuses on electricity 
transmission, it also notes that pipelines face the same 
obstacles.
---------------------------------------------------------------------------
    \3\James Kuiper et al., Electricity Transmission, Pipelines, and 
National Trails: An Analysis of Current and Potential Intersections on 
Federal Lands in the Eastern United States, Alaska and Hawaii (March 
25, 2014), p. vii.
---------------------------------------------------------------------------
    As a result, each time a company seeks to expand, modify, 
or construct a natural gas pipeline across NPS lands, they are 
required to turn to Congress to pass a separate piece of 
legislation authorizing the Department of the Interior to issue 
a permit to that particular project. Since 1990, five natural 
gas pipelines have received such authorizations--which took 
eight to 16 months to authorize. These are:
     Colonial National Historical Park in Virginia 
(H.R. 4107; Public Law 101-573, enacted Nov. 15 1990) (9 
months).
     Great Smoky Mountains National Park in Tennessee 
(H.R. 3380; Public Law 107-223, enacted Aug. 21, 2002) (9 
months).
     Gateway National Recreation Area in New York (H.R. 
2606; Public Law 112-197, enacted Nov. 27, 2012) (16 months).
     Glacier National Park in Montana (H.R. 4606; 
Public Law 112-268, enacted Jan. 14, 2013) (9 months).
     Denali National Park in Alaska (S. 157; Public Law 
113-33, enacted Sept. 18, 2013) (8 months).
    To avoid this extra bureaucracy, some projects have been 
constructed around NPS lands rather than taking the most 
expeditious route through the federal park land (an option 
which, in some instances, was less intrusive on the 
environment). This has resulted in private land being taken 
through eminent domain rather than using federal land.
    National Park System land poses a significant obstacle to 
energy growth in the United States and the failure to issue 
rights-of-way that transverse lands managed by the NPS is 
holding states back from enjoying the economic benefits of our 
nation's natural gas abundance. H.R. 2295 remedies this by 
granting NPS express authority to issue rights-of-way to 
traverse these public lands. Additionally, the legislation goes 
one step further to more properly plan for future growth, by 
authorizing the Secretary of the Interior with additional 
authority to establish National Energy Security Corridors, upon 
which rights-of-way for natural gas pipelines can be 
authorized. An amendment was adopted during the markup of this 
legislation to clarify that no right-of-way applications will 
be exempt from the National Environmental Policy Act, ensuring 
consideration of environmental impacts. This multi-pronged 
approach for facilitating the issuance of rights-of-way across 
federal lands will enhance our nation's energy security by 
allowing American families and businesses to make greater use 
of our domestic energy resources.

                            Committee Action

    H.R. 2295 was introduced on May 13, 2015, by Congressman 
Thomas MacArthur (R-NJ). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Energy and Mineral Resources and the 
Subcommittee on Water, Power and Oceans. On June 10, 2015, the 
Natural Resources Committee met to consider the bill. The 
Subcommittees were discharged by unanimous consent. Congressman 
MacArthur offered an amendment designated 001; it was adopted 
by voice vote. Congressman Donald S. Beyer, Jr. (D-VA) offered 
an amendment designated 021; it was not adopted by a bipartisan 
roll call vote of 15-23, as follows:


    Congressman Ruben Gallego (D-AZ) offered an amendment 
designated 010; it was not adopted by a bipartisan roll call 
vote of 15 to 22, as follows:


    Congressman Beyer offered an amendment in the nature of a 
substitute; the amendment was not adopted by voice vote. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives on June 11, 2015, by a bipartisan roll 
call vote of 21 to 15, as follows:


            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2295--National Energy Security Corridors Act

    Based on information provided by the Department of the 
Interior (DOI), CBO estimates that implementing H.R. 2295 would 
have no significant effect on the federal budget. Because 
enacting the legislation would not affect direct spending or 
revenues, pay-as-you-go procedures do not apply.
    The bill would require the Secretary of the Interior to 
identify parcels of federal land that could be used to build 
natural gas pipelines and designate those parcels as national 
energy security corridors. The bill also would authorize the 
National Park Service (NPS) to allow natural gas pipelines to 
be constructed on lands administered by the agency.
    Under current law, DOI has the authority to designate 
corridors on federal lands for constructing oil and gas 
pipelines and for electricity transmission and distribution 
facilities. In 2009, DOI and the Forest Service designated 
approximately 6,000 miles of such corridors crossing federal 
lands in 11 western states. H.R. 2295 would require the 
Secretary to designate at least 10 similar corridors across any 
of the other 39 states within two years of enactment of the 
bill. Because current law already requires DOI to designate 
energy corridors on federal lands, CBO estimates that a 
requirement to establish additional corridors would have a 
minimal effect on DOI's workload and the agency's budget.
    In addition, CBO expects that the provision in the bill 
authorizing NPS to allow natural gas pipelines to be 
constructed on lands administered by the agency would not 
significantly affect the agency's workload. Thus, we estimate 
that implementing the bill would have a negligible effect on 
the agency's budget.
    H.R. 2295 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Assistant Director for 
Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. According to the 
Congressional Budget Office, enactment of this bill ``would 
have no significant effect on the federal budget''.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Mineral Leasing Act to 
require the Secretary of the Interior to identify and designate 
National Energy Security Corridors for the construction of 
natural gas pipelines on Federal land.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                          MINERAL LEASING ACT



           *       *       *       *       *       *       *
                           grant of authority

  Sec. 28. (a) Rights-of-way through any Federal lands may be 
granted by the Secretary of the Interior or appropriate agency 
head for pipeline purposes for the transportation of oil, 
natural gas, synthetic liquid or gaseous fuels, or any refined 
product produced therefrom to any applicant possessing the 
qualifications provided in section 1 of this Act, as amended, 
in accordance with the provisions of this section.
  (b) National Energy Security Corridors.--
          (1) Designation.--In addition to other authorities 
        under this section, the Secretary shall--
          (A) identify and designate suitable Federal lands as 
        National Energy Security Corridors (in this subsection 
        referred to as a ``Corridor''), which shall be used for 
        construction, operation, and maintenance of natural gas 
        transmission facilities; and
          (B) for purposes of granting an application for a 
        natural gas pipeline right-of-way, means all lands 
        owned by the United States except--
                  (i) such lands held in trust for an Indian or 
                Indian tribe; and
                  (ii) lands on the Outer Continental Shelf.
                  (B) incorporate such Corridors upon 
                designation into the relevant agency land use 
                and resource management plans or equivalent 
                plans.
          (2) Considerations.--In evaluating Federal lands for 
        designation as a National Energy Security Corridor, the 
        Secretary shall--
                  (A) employ the principle of multiple use to 
                ensure route decisions balance national energy 
                security needs with existing land use 
                principles;
                  (B) seek input from other Federal 
                counterparts, State, local, and tribal 
                governments, and affected utility and pipeline 
                industries to determine the best suitable, most 
                cost-effective, and commercially viable acreage 
                for natural gas transmission facilities;
                  (C) focus on transmission routes that improve 
                domestic energy security through increasing 
                reliability, relieving congestion, reducing 
                natural gas prices, and meeting growing demand 
                for natural gas; and
                  (D) take into account technological 
                innovations that reduce the need for surface 
                disturbance.
          (3) Procedures.--The Secretary shall establish 
        procedures to expedite and approve applications for 
        rights-of-way for natural gas pipelines across National 
        Energy Security Corridors, that--
                  (A) ensure a transparent process for review 
                of applications for rights-of-way on such 
                corridors;
                  (B) require an approval time of not more than 
                1 year after the date of receipt of an 
                application for a right-of-way; and
                  (C) require, upon receipt of such an 
                application, notice to the applicant of a 
                predictable timeline for consideration of the 
                application, that clearly delineates important 
                milestones in the process of such 
                consideration.
          (4) State input.--
                  (A) Requests authorized.--The Governor of a 
                State may submit requests to the Secretary of 
                the Interior to designate Corridors on Federal 
                land in that State.
                  (B) Consideration of requests.--After 
                receiving such a request, the Secretary shall 
                respond in writing, within 30 days--
                          (i) acknowledging receipt of the 
                        request; and
                          (ii) setting forth a timeline in 
                        which the Secretary shall grant, deny, 
                        or modify such request and state the 
                        reasons for doing so.
          (5) Spatial distribution of corridors.--In 
        implementing this subsection, the Secretary shall 
        coordinate with other Federal Departments to--
                  (A) minimize the proliferation of duplicative 
                natural gas pipeline rights-of-way on Federal 
                lands where feasible;
                  (B) ensure Corridors can connect effectively 
                across Federal lands; and
                  (C) utilize input from utility and pipeline 
                industries submitting applications for rights-
                of-way to site corridors in economically 
                feasible areas that reduce impacts, to the 
                extent practicable, on local communities.
          (6) Not a major federal action.--Designation of a 
        Corridor under this subsection, and incorporation of 
        Corridors into agency plans under paragraph (1)(B), 
        shall not be treated as a major Federal action for 
        purpose of section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332).
          (7) No limit on number or length of corridors.--
        Nothing in this subsection limits the number or 
        physical dimensions of Corridors that the Secretary may 
        designate under this subsection.
          (8) Other authority not affected.--Nothing in this 
        subsection affects the authority of the Secretary to 
        issue rights-of-way on Federal land that is not located 
        in a Corridor designated under this subsection.
          (9) NEPA clarification.--All applications for rights-
        of-way for natural gas transmission facilities across 
        Corridors designated under this subsection shall be 
        subject to the environmental protections outlined in 
        subsection (h).

                       INTER-AGENCY COORDINATION

  (c)(1) Where the surface of all of the Federal lands involved 
in a proposed right-of-way or permit is under the jurisdiction 
of one Federal agency, the agency head, rather than the 
Secretary, is authorized to grant or renew the right-of-way or 
permit for the purposes set forth in this section.
  (2) Where the surface of the Federal lands involved is 
administered by the Secretary or by two or more Federal 
agencies, the Secretary is authorized, after consultation with 
the agencies involved, to grant or renew rights-of-way or 
permits through the Federal lands involved. The Secretary may 
enter into interagency agreements with all other Federal 
agencies having jurisdiction over Federal lands for the purpose 
of avoiding duplication, assigning responsibility, expediting 
review of rights-of-way or permit applications, issuing joint 
regulations, and assuring a decision based upon a comprehensive 
reveiw of all factors involved in any right-of-way or permit 
application. Each agency head shall administer and enforce the 
provisions of this section, appropriate regulations, and the 
terms and conditions of rights-of-way or permits insofar as 
they involve Federal lands under the agency head's 
jurisdiction.

                           WIDTH LIMITATIONS

  (d) The width of a right-of-way shall not exceed fifty feet 
plus the ground occupied by the pipeline (that is, the pipe and 
its related facilities) unless the Secretary or agency head 
finds, and records the reasons for his finding, that in his 
judgment a wider right-of-way is necessary for operation and 
maintenance after construction, or to protect the environment 
or public safety. Related facilities include but are not 
limited to valves, pump stations, supporting structures, 
bridges, monitoring and communication devices, surge and 
storage tanks, terminals, roads, airstrips and campsites, and 
they need not necessarily be connected or contiguous to the 
pipe and may be the subjects of separate rights-of-way.

                           TEMPORARY PERMITS

  (e) A right-of-way may be supplemented by such temporary 
permits for the use of Federal lands in the vicinity of the 
pipeline as the Secretary or agency head finds are necessary in 
connection with construction, operation, maintenance, or 
termination of the pipeline, or to protect the natural 
environment or public safety.

                          REGULATORY AUTHORITY

  (f) Rights-of-way or permits granted or renewed pursuant to 
this section shall be subject to regulations promulgated in 
accord with the provisions of this section and shall be subject 
to such terms and conditions as the Secretary or agency head 
may prescribe regarding extent, duration, survey, location, 
construction, operation, maintenance, use, and termination.

                            PIPELINE SAFETY

  (g) The Secretary or agency head shall impose requirements 
for the operation of the pipeline and related facilities in a 
manner that will protect the safety of workers and protect the 
public from sudden ruptures and slow degradation of the 
pipeline.

                        ENVIRONMENTAL PROTECTION

  (h)(1) Nothing in this section shall be construed to amend, 
repeal, modify, or change in any way the requirements of 
section 102(2)(C) or any other provision of the National 
Environmental Policy Act of 1969 (Public Law 91-190, 83 Stat. 
852).
  (2) The Secretary or agency head, prior to granting a right-
of-way or permit pursuant to this section for a new project 
which may have a significant impact on the environment, shall 
require the applicant to submit a plan of construction, 
operation, and rehabilitation for such right-of-way or permit 
which shall comply with this section. The Secretary or agency 
head shall issue regulations or impose stipulations which shall 
include, but shall not be limited to: (A) requirements for 
restoration, revegetation, and curtailment of erosion of the 
surface of the land; (B) requirements to insure that activities 
in connection with the right-of-way or permit will not violate 
applicable air and water quality standards nor related facility 
siting standards established by or pursuant to law; (C) 
requirements designed to control or prevent (i) damage to the 
environment (including damage to fish and wildlife habitat), 
(ii) damage to public or private property, and (iii) hazards to 
public health and safety; and (D) requirements to protect the 
interests of individuals living in the general area of the 
right-of-way or permit who rely on the fish, wildlife, and 
biotic resources of the area for subsistence purposes. Such 
regulations shall be applicable to every right-of-way or permit 
granted pursuant to this section, and may be made applicable by 
the Secretary or agency head to existing rights-of-way permits, 
or rights-of-way or permits to be renewed pursuant to this 
section.

                               DISCLOSURE

  (i) If the applicant is a partnership, corporation, 
association, or other business entity, the Secretary or agency 
head shall require the applicant to disclose the identity of 
the participants in the entity. Such disclosure shall include 
where applicable (1) the name and address of each partner, (2) 
the name and address of each shareholder owning 3 per centum or 
more of the shares, together with the number and percentage of 
any class of voting shares of the entity which such shareholder 
is authorized to vote, and (3) the name and address of each 
affiliate of the entity together with, in the case of an 
affiliate controlled by the entity, the number of shares and 
the percentage of any class of voting stock of that affiliate 
owned, directly or indirectly, but that entity, and, in the 
case of an affiliate which controls that entity, the number of 
shares and the percentage of any class of voting stock of that 
entity owned, directly or indirectly, by the affiliate.

                   TECHNICAL AND FINANCIAL CAPABILITY

  (j) The Secretary or agency head shall grant or renew a 
right-of-way or permit under this section only when he is 
satisfied that the applicant has the technical and financial 
capability to construct, operate, maintain, and terminate the 
project for which the right-of-way or permit is requested in 
accordance with the requirements of this section.

                            PUBLIC HEARINGS

  (k) The Secretary or agency head by regulation shall 
establish procedures, including public hearings where 
appropriate, to give Federal, State, and local government 
agencies and the public adequate notice and an opportunity to 
comment upon right-of-way applications filed after the date of 
enactment of this subsection.

                         REIMBURSEMENT OF COSTS

  (l) The applicant for a right-of-way or permit shall 
reimburse the United States for administrative and other costs 
incurred in processing the application, and the holder of a 
right-of-way or permit shall reimburse the United States for 
the costs incurred in monitoring the construction, operation, 
maintenance, and termination of any pipeline and related 
facilities on such right-of-way or permit area and shall pay 
annually in advance for the fair market rental value of the 
right-of-way or permit, as determined by the Secretary or 
agency head.

                                BONDING

  (m) Where he deems it appropriate the Secretary or agency 
head may require a holder of a right-of-way or permit to 
furnish a bond, or other security, satisfactory to the 
Secretary or agency head to secure all or any of the 
obligations imposed by the terms and conditions of the right-
of-way or permit or by any rule or regulation of the Secretary 
or agency head.

                           DURATION OF GRANT

  (n) Each right-of-way or permit granted or renewed pursuant 
to this section shall be limited to a reasonable term in light 
of all circumstances concerning the project, but in no event 
more than thirty years. In determining the duration of a right-
of-way the Secretary or agency head shall, among other things, 
take into consideration the cost of the facility, its useful 
life, and any public purpose it serves. The Secretary or agency 
head shall renew any right-of-way, in accordance with the 
provisions of this section, so long as the project is in 
commercial operation and is operated and maintained in 
accordance with all of the provisions of this section.

               SUSPENSION OR TERMINATION OF RIGHT-OF-WAY

  (o)(1) Abandonment of a right-of-way or noncompliance with 
any provision of this section may be grounds for suspension or 
termination of the right-of-way if (A) after due notice to the 
holder of the right-of-way, (B) a reasonable opportunity to 
comply with this section, and (C) an appropriate administrative 
proceeding pursuant to title 5, United States Code, section 
554, the Secretary or agency head determines that any such 
ground exists and that suspension or termination is justified. 
No administrative proceeding shall be required where the right-
of-way by its terms provides that it terminates on the 
occurrence of a fixed or agreed upon condition, event, or time.
  (2) If the Secretary or agency head determines that an 
immediate temporary suspension of activities within a right-of-
way or permit area is necessary to protect public health or 
safety or the environment, he may abate such activities prior 
to an administrative proceeding.
  (3) Deliberate failure of the holder to use the right-of-way 
for the purpose for which it was granted or renewed for any 
continuous two-year period shall constitute a rebuttable 
presumption of abandonment of the right-of-way: Provided, That 
where the failure to use the right-of-way is due to 
circumstances not within the holder's control the Secretary or 
agency head is not required to commence proceedings to suspend 
or terminate the right-of-way.

                       JOINT USE OF RIGHT-OF-WAY

  (p) In order to minimize adverse environmental impacts and 
the proliferation of separate rights-of-way across Federal 
lands, the utilization of rights-of-way in common shall be 
required to the extent practical, and each right-of-way or 
permit shall reserve to the Secretary or agency head the right 
to grant additional rights-of-way or permits for compatible 
uses on or adjacent to rights-of-way or permit area granted 
pursuant to this section.

                                STATUTES

  (q) No rights-of-way for the progress provided for in this 
section shall be granted or renewed across Federal lands except 
under and subject to the provisions, limitations, and 
conditions of this section. Any application for a right-of-way 
filed under any other law prior to the effective date of this 
provision may, at the applicant's option, be considered as an 
application under this section. The Secretary or agency head 
may require the applicant to submit any additional information 
he deems necessary to comply with the requirements of this 
section.

                            COMMON CARRIERS

  (r)(1) Pipelines and related facilities authorized under this 
section shall be constructed, operated, and maintained as 
common carriers.
  (2)(A) The owners or operators of pipelines subject to this 
section shall accept, convey, transport, or purchase without 
discrimination all oil or gas delivered to the pipeline without 
regard to whether such oil or gas was produced on Federal or 
non-Federal lands.
  (B) In the case of oil or gas produced from Federal lands or 
from the resources on the Federal lands in the vicinity of the 
pipeline, the Secretary may, after a full hearing with due 
notice thereof to the interested parties and a proper finding 
of facts, determine the proportionate amounts to be accepted, 
conveyed, transported or purchased.
  (3)(A) The common carrier provisions of this section shall 
not apply to any natural gas pipeline operated by any person 
subject to regulation under the Natural Gas Act or by any 
public utility subject to regulation by a State or municipal 
regulatory agency having jurisdiction to regulate the rates and 
charges for the sale of natural gas to consumers within the 
State or municipality.
  (B) Where natural gas not subject to State regulatory or 
conservation laws governing its purchase by pipelines is 
offered for sale, each such pipeline shall purchase, without 
discrimination, any such natural gas produced in the vicinity 
of the pipeline.
  (4) The Government shall in express terms reserve and shall 
provide in every lease of oil lands under this Act that the 
lessee, assignee, or beneficiary, if owner or operator of a 
controlling interest in any pipeline or of any company 
operating the pipeline which may be operated accessible to the 
oil derived from lands under such lease, shall at reasonable 
rates and without discrimination accept and convey the oil of 
the Government or of any citizen or company not the owner of 
any pipeline operating a lease or purchasing gas or oil under 
the provisions of this Act.
  (5) Whenever the Secretary has reason to believe that any 
owner or operator subject to this section is not operating any 
oil or gas pipeline in complete accord with its obligations as 
a common carrier hereunder, he may request the Attorney General 
to prosecute an appropriate proceeding before the Interstate 
Commerce Commission or Federal Power Commission or any 
appropriate State agency of the United States district court 
for the district in which the pipeline or any part thereof is 
located, to enforce such obligation or to impose any penalty 
provided therefor, or the Secretary may, by proceeding as 
provided in this section, suspend or terminate the said grant 
of right-of-way for noncompliance with the provisions of this 
section.
  (6) The Secretary or agency head shall require prior to 
granting or renewing a right-of-way, that the applicant submit 
and disclose all plans, contracts, agreements, or other 
information or material which he deems necessary to determine 
whether a right-of-way shall be granted or renewed and the 
terms and conditions which should be included in the right-of-
way. Such information may include, but is not limited to: (A) 
conditions for, and agreements among owners or operators, 
regarding the addition of pumping facilities, looping, or 
otherwise increasing the pipeline or terminal's throughout 
capacity in response to actual or anticipated increases in 
demand; (B) conditions for adding or abandoning intake, 
offtake, or storage points or facilities; and (C) minimum 
shipment or purchase tenders.

                   EXPORTS OF ALASKAN NORTH SLOPE OIL

  (s)(1) Subject to paragraphs (2) through (6) of this 
subsection and notwithstanding any other provision of this Act 
or any other provision of law (including any regulation) 
applicable to the export of oil transported by pipeline over 
right-of-way granted pursuant to section 203 of the Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1652), such oil 
may be exported unless the President finds that exportation of 
this oil is not in the national interest. The President shall 
make his national interest determination within five months of 
the date of enactment of this subsection. In evaluating whether 
exports of this oil are in the national interest, the President 
shall at a minimum consider--
          (A) whether exports of this oil would diminish the 
        total quantity or quality of petroleum available to the 
        United States;
          (B) the results of an appropriate environmental 
        review, including consideration of appropriate measures 
        to mitigate any potential adverse effects of exports of 
        this oil on the environment, which shall be completed 
        within four months of the date of the enactment of this 
        subsection; and
          (C) whether exports of this oil are likely to cause 
        sustained material oil supply shortages or sustained 
        oil prices significantly above world market levels that 
        would cause sustained material adverse employment 
        effects in the United States or that would cause 
        substantial harm to consumers, including noncontiguous 
        States and Pacific territories.
If the President determines that exports of this oil are in the 
national interest, he may impose such terms and conditions 
(other than a volume limitation) as are necessary or 
appropriate to ensure that such exports are consistent with the 
national interest.
  (2) Except in the case of oil exported to a country with 
which the United States entered into a bilateral international 
oil supply agreement before November 26, 1979, or to a country 
pursuant to the International Emergency Oil Sharing Plan of the 
International Energy Agency, any oil transported by pipeline 
over right-of-way granted pursuant to section 203 of the Trans-
Alaska Pipeline Authorization Act (43 U.S.C. 1652) shall, when 
exported, be transported by a vessel documented under the laws 
of the United States and owned by a citizen of the United 
States (as determined in accordance with section 2 of the 
Shipping Act, 1916 (46 U.S.C. App. 802)).
  (3) Nothing in this subsection shall restrict the authority 
of the President under the Constitution, the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the 
National Emergencies Act (50 U.S.C. 1601 et seq.), or Part B of 
title II of the Energy Policy and Conservation Act (42 U.S.C. 
6271-76) to prohibit exports.
  (4) The Secretary of Commerce shall issue any rules necessary 
for implementation of the President's national interest 
determination, including any licensing requirements and 
conditions, within 30 days of the date of such determination by 
the President. The Secretary of Commerce shall consult with the 
Secretary of Energy in administering the provisions of this 
subsection.
  (5) If the Secretary of Commerce finds that exporting oil 
under authority of this subsection has caused sustained 
material oil supply shortages or sustained oil prices 
significantly above world market levels and further finds that 
these supply shortages or price increases have caused or are 
likely to cause sustained material adverse employment effects 
in the United States, the Secretary of Commerce, in 
consultation with the Secretary of Energy, shall recommend, and 
the President may take, appropriate action concerning exports 
of this oil, which may include modifying or revoking authority 
to export such oil.
  (6) Administrative action under this subsection is not 
subject to sections 551 and 553 through 559 of title 5, United 
States Code.

                         EXISTING RIGHTS-OF-WAY

  (t) The Secretary or agency head may ratify and confirm any 
right-of-way or permit for an oil or gas pipeline or related 
facility that was granted under any provision of law before the 
effective date of this subsection, if it is modified by mutual 
agreement to comply to the extent practical with the provisions 
of this section. Any action taken by the Secretary or agency 
head pursuant to this subsection shall not be considered a 
major Federal action requiring a detailed statement pursuant to 
section 102(2)(C) of the National Environmental Policy of 1970 
(Public Law 90-190; 42 U.S.C. 4321).

                         LIMITATIONS ON EXPORT

  (u) Any domestically produced crude oil transported by 
pipeline over rights-of-way granted pursuant to section 28 of 
the Mineral Leasing Act of 1920, except such crude oil which is 
either exchanged in similar quantity for convenience or 
increased efficiency of transportation with persons or the 
government of an adjacent foreign state, or which is 
temporarily exported for convenience or increased efficiency of 
transportation across parts of an adjacent foreign state and 
reenters the United States, shall be subject to all of the 
limitations and licensing requirements of the Export 
Administration Act of 1979 (50 U.S.C. App. 2401 and following) 
and, in addition, before any crude oil subject to this section 
may be exported under the limitations and licensing 
requirements and penalty and enforcement provisions of the 
Export Administration Act of 1979 the President must make and 
publish an express finding that such exports will not diminish 
the total quantity or quality of petroleum available to the 
United States, and are in the national interest and are in 
accord with the provisions of the Export Administration Act of 
1979: Provided, That the President shall submit reports to the 
Congress containing findings made under this section, and after 
the date of receipt of such report Congress shall have a period 
of sixty calendar days, thirty days of which Congress must have 
been in session, to consider whether exports under the terms of 
this section are in the national interest. If the Congress 
within this time period passes a concurrent resolution of 
disapproval stating disagreement with the President's finding 
concerning the national interest, further exports made pursuant 
to the aforementioned Presidential findings shall cease.

                            STATE STANDARDS

  (v) The Secretary or agency head shall take into 
consideration and to the extent practical comply with State 
standards for right-of-way construction, operation, and 
maintenance.

                                REPORTS

  (w)(1) The Secretary and other appropriate agency heads shall 
report to the Committee on Natural Resources of the United 
States House of Repesentatives and the Committee on Energy and 
Natural Resources of the United States Senate annually on the 
administration of this section and on the safety and 
environmental requirements imposed pursuant thereto.
  (2) The Secretary or agency head shall promptly notify the 
Committee on Natural Resources of the United States House of 
Representatives and the Committee on Energy and Natural 
Resources of the United States Senate upon receipt of an 
application for a right-of-way for a pipeline twenty-four 
inches or more in diameter, and no right-of-way for such a 
pipeline shall be granted until a notice of intention to grant 
the right-of-way, together with the Secretary's or agency 
head's detailed findings as to the terms and conditions he 
proposes to impose, has been submitted to such committees.
  (3) Periodically, but at least once a year, the Secretary of 
the Department of Transportation shall cause the examination of 
all pipelines and associated facilities on Federal lands and 
shall cause the prompt reporting of any potential leaks or 
safety problems.

                               LIABILITY

  (x)(1) The Secretary or agency head shall promulgate 
regulations and may impose stipulations specifying the exent to 
which holders of rights-of-way and permits under this Act shall 
be liable to the United States for damage or injury incurred by 
the United States in connection with the right-of-way or 
permit. Where the right-of-way or permit involves lands which 
are under the exclusive jurisdiction of the Federal Government, 
the Secretary or agency head shall promulgate regulations 
specifying the extent to which holders shall be liable to third 
parties for injuries incurred in connection with the right-of-
way or permit.
  (2) The Secretary or agency head may, by regulation or 
stipulation, impose a standard of strict liability to govern 
activities taking place on a right-of-way or permit area which 
the Secretary or agency head determines, in his discretion, to 
present a foreseeable hazard or risk of danger to the United 
States.
  (3) Regulations and stipulations pursuant to this subsection 
shall not impose strict liability for damage or injury 
resulting from (A) an act of war, or (B) negligence of the 
United States.
  (4) Any regulation or stipulation imposing liability without 
fault shall include a maximum limitation on damages 
commensurate with the foreseeable risks or hazards presented. 
Any liability for damage or injury in excess of this amount 
shall be determined by ordinary rules of negligence.
  (5) The regulations and stipulations shall also specify the 
extent to which such holders shall indemnify or hold harmless 
the United States for liability, damage, or claims arising in 
connection with the right-of-way or permit.
  (6) Any regulation or stipulation promulgated or imposed 
pursuant to this section shall provide that all owners of any 
interest in, and all affiliates or subsidiaries of any holder 
of, a right-of-way or permit shall be liable to the United 
States in the event that a claim for damage or injury cannot be 
collected from the holder.
  (7) In any case where liability without fault is imposed 
pursuant to this subsection and the damages involved were 
caused by the negligence of a third party, the rules of 
subrogation shall apply in accordance with the law of the 
jurisdiction where the damage occurred.

                             ANTITRUST LAWS

  (y) The grant of a right-of-way or permit pursuant to this 
section shall grant no immunity from the operation of the 
Federal antitrust laws.

                              DEFINITIONS

  [(b)] (z)(1) For the purposes of this section ``Federal 
lands'' [means]--
          (A) except as provided in subparagraph (B), means all 
        lands owned by the United States except lands in the 
        National Park System, lands held in trust for an Indian 
        or Indian tribe, and lands on the Outer Continental 
        Shelf. A right-of-way through a Federal reservation 
        shall not be granted if the Secretary or agency head 
        determines that it would be inconsistent with the 
        purposes of the reservation[. ]; and
          (B) for purposes of granting an application for a 
        natural gas pipeline right-of-way, means all lands 
        owned by the United States except--
                  (i) such lands held in trust for an Indian or 
                Indian tribe; and
                  (ii) lands on the Outer Continental Shelf.
  (2) ``Secretary'' means the Secretary of the Interior.
  (3) ``Agency head'' means the head of any Federal department 
or independent Federal office or agency, other than the 
Secretary of the Interior, which has jurisdiction over Federal 
lands.

           *       *       *       *       *       *       *


                            Dissenting Views

    We oppose H.R. 2295 because it would significantly weaken 
protections for America's National Parks and completely 
eliminate public input from decisions on locating natural gas 
corridors across public lands.
    The first part of the bill provides authority to the 
Department of the Interior to site natural gas pipelines 
through National Park Service lands, authority that the 
Department currently does not have and testified that it does 
not want. The Majority has previously described this state of 
affairs as being either an oversight or a consequence of the 
Mineral Leasing Act being drafted prior to the widespread 
construction of natural gas pipelines. However, the relevant 
provision of the Mineral Leasing Act was passed in 1973, when 
natural gas pipelines were extremely common, and Congress 
specifically withheld siting authority from National Park 
Service lands in order to ensure that Congressional review and 
approval would be required before running pipelines through 
Parks.
    Congressional review has not proven to be an undue 
impediment to pipeline developers. While the requirement to 
obtain Congressional approval encourages developers to avoid 
National Parks--a worthy outcome by itself--when a pipeline 
must cross a National Park, Congress has repeatedly shown the 
ability to pass the necessary legislation. Just in the past 10 
years, Congress has approved pipelines through Denali National 
Park, Glacier National Park, Gateway National Recreation Area, 
and Delaware Water Gap National Recreation Area.
    Also, existing National Park units do not pose the barrier 
to pipeline development described by the Majority. For example, 
contrary to claims at the markup that the Appalachian Trail 
acts as a ``Great Wall'' that blocks pipeline development, 
there are 63 current pipeline crossings of the Appalachian 
Trail. According to data from the Congressional Research 
Service, in only three locations was specific Congressional 
authorization required, as much of the Appalachian Trail is on 
land not owned by the National Park Service and therefore does 
not need that authorization.
    Our National Parks are some of our greatest national 
treasures, and we should not be making it any easier to run 
pipelines through them.
    The second part of the bill would require the Secretary of 
the Interior to designate a series of corridors for natural gas 
pipelines on federal land, with a minimum of 10 corridors 
designated in the eastern half of the country. While the idea 
of using corridors to minimize duplicative rights-of-way and 
focus development in more appropriate areas has merit, the 
process taken by the bill is highly flawed and 
counterproductive.
    First, there is very little federal land in the eastern 
half of the United States, particularly when compared to the 
western half, and the Department of Energy issued a report in 
2011 that found that, ``[f]ragmented patterns of federal land 
jurisdiction in the East, coupled with limited opportunities 
for utility-scale development on many classes of federal land, 
make the designation of federal energy transport corridors an 
inefficient solution to resolving energy transmission siting 
challenges.'' The requirement in the bill that at least 10 
corridors be designated in this region is arbitrary and 
unsupported by any evidence or testimony.
    Second, the process for determining these corridors would 
not be subject to any public input at all. There is an express 
waiver of the National Environmental Policy Act (NEPA) for 
corridor designation, which shuts out the most valuable method 
of public input, and then the Secretary is directed to only 
seek input from other Federal agencies, states, local and 
tribal governments, utilities, and pipeline industries. Even 
the option for local and tribal governments to weigh in is 
limited to their views on cost-effectiveness and commercial 
viability.
    The Majority claims that a Manager's amendment adopted 
during markup, referencing Section 28(h) of the Mineral Leasing 
Act, will ensure that full NEPA reviews are conducted on 
individual pipeline proposals. However, the Majority overlooks 
language in the bill requiring the Secretary of the Interior to 
approve pipeline applications within one year of application. 
As was testified to during the hearing on this legislation, 
NEPA is designed to inform decision-making and when a decision 
is preordained, the NEPA process is effectively meaningless. 
The Supreme Court has ruled that an agency cannot be required 
``to prepare a fidl [environmental impact statement] due to the 
environmental impact of an action it could not refuse to 
perform.'' [Dept. of Transportation v. Public Citizen, 541 U.S. 
752 (2004).]
    In addition, the bill would apply multiple-use management 
principles to the identification of corridors through National 
Parks, which undermines the National Park Service Organic Act, 
and has no limit on the number, length, or width of corridors.
    The Majority rejected several Democratic amendments at 
markup, including one by Mr. Gallego designed to ensure that 
the public has a say in the determination of the corridors, and 
two by Mr. Beyer: one that would have protected National Parks 
by removing the pipeline siting authority provision of the 
bill, and one that would have replaced the entire bill with a 
more constructive corridor development process that included 
full public input.
    People that live along the potential routes of natural gas 
pipelines deserve to have their voices heard. H.R. 2295 would 
turn a deaf ear to their concerns, and for that reason we 
strongly oppose the legislation.
                                   Raul Grijalva.
                                   Alan Lowenthal.
                                   Jared Huffman.
                                   Debbie Dingell.
                                   Grace Napolitano.
                                   Matt Cartwright.
                                   Ruben Gallego.
                                   Niki Tsongas.
                                   Don Beyer.

                                  [all]