[House Report 115-235]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      115-235

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

 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2910) TO PROVIDE FOR 
   FEDERAL AND STATE AGENCY COORDINATION IN THE APPROVAL OF CERTAIN 
   AUTHORIZATIONS UNDER THE NATURAL GAS ACT, AND FOR OTHER PURPOSES; 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2883) TO ESTABLISH A MORE 
UNIFORM, TRANSPARENT, AND MODERN PROCESS TO AUTHORIZE THE CONSTRUCTION, 
CONNECTION, OPERATION, AND MAINTENANCE OF INTERNATIONAL BORDER-CROSSING 
  FACILITIES FOR THE IMPORT AND EXPORT OF OIL AND NATURAL GAS AND THE 
 TRANSMISSION OF ELECTRICITY; PROVIDING FOR CONSIDERATION OF THE BILL 
(H.R. 218) TO PROVIDE FOR THE EXCHANGE OF FEDERAL LAND AND NON-FEDERAL 
LAND IN THE STATE OF ALASKA FOR THE CONSTRUCTION OF A ROAD BETWEEN KING 
               COVE AND COLD BAY; AND FOR OTHER PURPOSES

                                _______
                                

   July 18, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Cheney, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 454]

    The Committee on Rules, having had under consideration 
House Resolution 454, by a record vote of 7 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2910, the 
Promoting Interagency Coordination for Review of Natural Gas 
Pipelines Act, under a structured rule. The resolution provides 
one hour of general debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Energy and Commerce. The resolution waives all points of order 
against consideration of the bill. The resolution makes in 
order as original text for the purpose of amendment an 
amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 115-28 and provides that it shall be 
considered as read. The resolution waives all points of order 
against that amendment in the nature of a substitute. The 
resolution makes in order only those amendments printed in part 
A of this report. Each such amendment may be offered only in 
the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. The resolution waives all 
points of order against the amendments printed in part A of 
this report. The resolution provides one motion to recommit 
with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 2883, the Promoting Cross-Border Energy Infrastructure 
Act, under a structured rule. The resolution provides one hour 
of general debate equally divided and controlled by the chair 
and ranking minority member of the Committee on Energy and 
Commerce. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-29 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in part B of 
this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in part B of this report. 
The resolution provides for one motion to recommit with or 
without instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 218, the King Cove Road Land Exchange Act, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 115-
27 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further amendments printed in part C of this report. Each 
such amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in part C of this report. The resolution provides for 
one motion to recommit with or without instructions.
    Section 4 of the resolution provides that it shall be in 
order at any time on the legislative day of July 20, 2017, for 
the Speaker to entertain motions that the House suspend the 
rules, as though under clause 1 of rule XV, relating to the 
bill (H.R. 2825) to amend the Homeland Security Act of 2002 to 
make certain improvements in the laws administered by the 
Secretary of Homeland Security, and for other purposes.
    Section 5 of the resolution provides that the Committee on 
Appropriations may, at any time before 5 p.m. on Friday, July 
21, 2017, file privileged reports to accompany measures making 
appropriations for the fiscal year ending September 30, 2018.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 2910, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 2910 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part A of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 2883, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 2883 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 218, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 218 made in 
order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part C of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 76

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #5 to H.R. 2883, offered by 
Rep. Castor (FL), which ensures that the complete length of 
border-crossing projects--not just the portion crossing the 
border--receive a thorough environmental review. Defeated: 3-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Ms. Slaughter.....................          Yea
Mr. Woodall.....................................  ............  Mr. McGovern......................          Yea
Mr. Burgess.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 77

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #7 to H.R. 2910, offered by 
Rep. Pallone (NJ), which prohibits the use of eminent domain 
for pipeline projects with a certificate of public convenience 
after the enactment of this bill. Defeated: 3-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Ms. Slaughter.....................          Yea
Mr. Woodall.....................................  ............  Mr. McGovern......................          Yea
Mr. Burgess.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 78

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #4 to H.R. 2910, offered by 
Rep. Watson Coleman (NJ), which requires that FERC find it in 
the public interest before allowing a holder of public 
convenience to exercise eminent domain. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 79

    Motion by Mr. Burgess to report the rule. Adopted: 7-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................          Yea   Mr. Polis.........................  ............
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 2910 IN PART A MADE IN ORDER

    1. Tsongas (MA), McGovern (MA), Beyer (VA): Shall not apply 
if any part of a pipeline facility that is a subject of the 
application is to be located on lands required under Federal, 
State, or local law to be managed for purposes of natural 
resource conservation or recreation. (10 minutes)
    2. Lynch (MA): Directs FERC, in considering an application 
for an authorization or certificate covered by the bill, to 
consult with the Administrator of the Transportation Security 
Administration regarding the extent of the applicant's 
compliance with security guidance and best practice 
recommendations issued by TSA on pipeline infrastructure 
security, pipeline cybersecurity, pipeline personnel security, 
and other pipeline security measures designed to ensure the 
public safety. (10 minutes)
    3. Beyer (VA): Improves FERCs public comment and 
transparency process (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 2883 IN PART B MADE IN ORDER

    1. Engel (NY): Ensures that permitting authority for cross-
border pipelines remains with the Department of State. (10 
minutes)
    2. Tsongas (MA), McGovern (MA), Beyer (VA): States FERC may 
not issue a certificate of crossing if any part of the oil or 
natural gas pipeline project is to be located on lands required 
under Federal, State, or local law to be managed for purposes 
of natural resource conservation or recreation. (10 minutes)
    3. Veasey (TX): Clarifies the applicability of the National 
Environmental Policy Act of 1969 (NEPA) to projects affected by 
the bill. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 218 IN PART C MADE IN ORDER

    1. Tsongas (MA): Requires mitigation measures, previously 
adopted in P.L. 111-11, to ensure that impacts to migratory 
birds, wildlife, and wetlands are minimized. (10 minutes)
    2. Young, Don (AK): Amends section 7 to conform the text of 
H.R. 218 with the Senate text, S. 101. (10 minutes)
    3. Grijalva (AZ): Prohibits the Act from taking effect 
until $20 Million in federal funds given to Alaska for 
transportation purposes in King Cove is repaid to the Federal 
Government. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 2910 MADE IN ORDER

      1. An Amendment To Be Offered by Representative Tsongas of 
        Massachusetts or Her Designee, Debatable for 10 Minutes

  Page 12, after line 9, add the following:
  (h) Limitation on Application.--This section shall not apply 
to any application for an authorization under section 3 of the 
Natural Gas Act or a certificate of public convenience and 
necessity under section 7 of such Act with respect to which any 
part of a pipeline facility that is a subject of the 
application is to be located on lands required under Federal, 
State, or local law to be managed for purposes of natural 
resource conservation or recreation.
                              ----------                              


2. An Amendment To Be Offered by Representative Lynch of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  Page 12, after line 9, add the following:

SEC. 3. PIPELINE SECURITY.

  In considering an application for an authorization under 
section 3 of the Natural Gas Act or a certificate of public 
convenience and necessity under section 7 of such Act, the 
Federal Energy Regulatory Commission shall consult with the 
Administrator of the Transportation Security Administration 
regarding the applicant's compliance with security guidance and 
best practice recommendations of the Administration regarding 
pipeline infrastructure security, pipeline cybersecurity, 
pipeline personnel security, and other pipeline security 
measures.
                              ----------                              


 3. An Amendment To Be Offered by Representative Beyer of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 12, after line 9, add the following:
  (g) Supplemental Environmental Impact Statements.--
          (1) In general.--In conducting a project-related NEPA 
        review, the Commission shall prepare a supplement to a 
        draft environmental impact statement or a final 
        environmental impact statement if--
                  (A) the Commission makes a substantial change 
                in the proposed action that is relevant to 
                environmental concerns; or
                  (B) there are significant new circumstances 
                or information relevant to environmental 
                concerns and bearing on the application for 
                authorization under section 3 of the Natural 
                Gas Act or a certificate of public convenience 
                and necessity under section 7 of such Act with 
                respect to which the project-related NEPA 
                review is being conducted, or its impacts.
          (2) Mitigation plans.--In conducting a project-
        related NEPA review, if a draft environmental impact 
        statement does not include information about mitigation 
        plans for adverse impacts that cannot reasonably be 
        avoided, the Commission shall prepare a supplement to 
        the draft environmental impact statement that includes 
        such information.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 2883 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Engel of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 2, after line 16, insert the following:
                          (i) the Secretary of State with 
                        respect to border-crossing facilities 
                        consisting of oil pipelines;
  Page 2, line 17, strike ``(i)'' and insert ``(ii)''.
  Page 2, line 19, strike ``oil or''.
  Page 2, line 21, strike ``(ii)'' and insert ``(iii)''.
                              ----------                              


      2. An Amendment To Be Offered by Representative Tsongas of 
        Massachusetts or Her Designee, Debatable for 10 Minutes

  Page 3, after line 14, insert the following:
                  (D) Additional requirement for oil and 
                natural gas pipeline facilities.--In the case 
                of a request for a certificate of crossing for 
                a border-crossing facility consisting of an oil 
                or natural gas pipeline facility, the Federal 
                Energy Regulatory Commission may not issue a 
                certificate of crossing under subparagraph (A) 
                if any part of the oil or natural gas pipeline 
                project is to be located on lands required 
                under Federal, State, or local law to be 
                managed for purposes of natural resource 
                conservation or recreation.
                              ----------                              


3. An Amendment To Be Offered by Representative Veasey of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 5, after line 3, insert the following:
                  (D) Scope of nepa review.--Nothing in this 
                Act, or the amendments made by this Act, shall 
                affect the scope of any review required to be 
                conducted under section 102 of the National 
                Environmental Policy Act of 1969 with respect 
                to a project for which a certificate of 
                crossing for a border-crossing facility is 
                requested under this subsection.
                              ----------                              


          PART C--TEXT OF AMENDMENTS TO H.R. 218 MADE IN ORDER

      1. An Amendment To Be Offered by Representative Tsongas of 
        Massachusetts or Her Designee, Debatable for 10 Minutes

  Page 6, after line 18, insert the following:

SEC. 7. MITIGATION PLAN.

  The requirements related to mitigation under section 6403(e) 
of the Omnibus Public Land Management Act of 2009 (Public Law 
111-11; 123 Stat. 1180) shall apply to the road constructed in 
the road corridor.
                              ----------                              


2. An Amendment To Be Offered by Representative Young of Alaska or His 
                   Designee, Debatable for 10 Minutes

  Page 6, line 21, insert ``(including the issuance of any 
permit that may be required from any Federal agency to 
construct the road)'' after ``under this Act''.
                              ----------                              


3. An Amendment To Be Offered by Representative Grijalva of Arizona or 
                 His Designee, Debatable for 10 Minutes

  Page 6, after line 24, insert the following:

SEC. 8. TAXPAYER FAIRNESS.

  This Act shall not take effect until the State of Alaska has 
repaid to the United States the $20,000,000 in Federal funds 
appropriated and paid to the State of Alaska under section 
353(a) of the Department of the Interior and Related Agencies 
Appropriations Act, 1999 (Public Law 105-277).

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