What This Bill Does
This bill directs the Federal Energy Regulatory Commission to lead the environmental review process for certain natural gas projects and coordinate with other federal and state agencies involved in approving those projects. The bill establishes timelines and procedures to speed up the approval process by ensuring all agencies work together rather than conducting separate reviews.
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Who It Affects
- The Federal Energy Regulatory Commission
- Federal agencies that must approve aspects of natural gas projects
- State agencies involved in natural gas project approval
- Local governments with authority over natural gas projects
- Indian Tribes with authority over natural gas projects
- Companies applying for natural gas project permits
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Key Provisions
- The Federal Energy Regulatory Commission becomes the sole lead agency for environmental reviews required for natural gas project authorizations and must coordinate with other agencies as early as practicable (Sec. 2(b))
- Within 30 days of receiving an application, the Commission must identify all federal and state agencies, local governments and Indian Tribes that may need to approve or consult on the project. Within 45 days, the Commission must invite these entities to participate in the review process (Sec. 2(d)(1) and (d)(2))
- Federal and state agencies must complete their approval decisions within 90 days after the Commission finishes its environmental review, unless federal law sets a different deadline (Sec. 2(e)(1))
- Other agencies must submit progress reports to the Commission every 90 days and acknowledge the Commission's schedule in writing (Sec. 2(e)(2))
- If an agency misses a deadline, the head of that agency must notify Congress and the Commission within 5 days with a plan to complete the work (Sec. 2(e)(3)(A))
- Agencies not designated as participating agencies cannot conduct their own separate environmental reviews unless they can prove the review is legally necessary and requires information unavailable from the Commission's review (Sec. 2(d)(4))
- The Commission must post tracking information on its website showing the review schedule, list of required actions by each agency, expected completion dates, points of contact, and explanations for any delays (Sec. 2(g))
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What Changes
If this bill becomes law, the process for approving natural gas projects will be centralized under the Federal Energy Regulatory Commission rather than involving multiple separate agency reviews. Agencies will operate on fixed schedules with 90-day deadlines rather than working independently. The public will be able to track project approvals on the Commission's website. Agencies must identify and resolve concerns early in the process instead of raising issues later. Applications can use remote survey data when property access is denied, and companies can hire third-party contractors to help agencies review their applications.
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Important Definitions
- Certificate of public convenience and necessity: A permit issued by the Federal Energy Regulatory Commission for natural gas projects under federal law
- NEPA review: The process of reviewing a proposed federal action for environmental impacts under the National Environmental Policy Act of 1969
- Project-related NEPA review: Environmental reviews required to issue natural gas project permits or authorizations
- Federal authorization: A permit, license or other approval required from a federal agency
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 988
To provide for coordination by the Federal Energy Regulatory Commission
of the process for reviewing certain natural gas projects under the juris-
diction of the Commission, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 27, 2023
Mr. HOEVEN (for himself and Mr. SULLIVAN) introduced the following bill;
which was read twice and referred to the Committee on Energy and Nat-
ural Resources
A BILL
To provide for coordination by the Federal Energy Regu-
latory Commission of the process for reviewing certain
natural gas projects under the jurisdiction of the Com-
mission, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Promoting Interagency
4
Coordination for Review of Natural Gas Projects Act’’.
5
SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS
6
PROJECTS.
7
(a) DEFINITIONS.—In this section:
8
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•S 988 IS
(1) CERTIFICATE
OF
PUBLIC
CONVENIENCE
1
AND
NECESSITY.—The term ‘‘certificate of public
2
convenience and necessity’’ means a certificate of
3
public convenience and necessity issued under sec-
4
tion 7 of the Natural Gas Act (15 U.S.C. 717f).
5
(2) COMMISSION.—The term ‘‘Commission’’
6
means the Federal Energy Regulatory Commission.
7
(3)
FEDERAL
AUTHORIZATION.—The
term
8
‘‘Federal authorization’’ has the meaning given the
9
term in section 15(a) of the Natural Gas Act (15
10
U.S.C. 717n(a)).
11
(4) NEPA REVIEW.—The term ‘‘NEPA review’’
12
means the process of reviewing a proposed Federal
13
action under section 102 of the National Environ-
14
mental Policy Act of 1969 (42 U.S.C. 4332).
15
(5) PROJECT-RELATED
NEPA
REVIEW.—The
16
term ‘‘project-related NEPA review’’ means any
17
NEPA review required to be conducted with respect
18
to the issuance of—
19
(A) an authorization under section 3 of the
20
Natural Gas Act (15 U.S.C. 717b); or
21
(B) a certificate of public convenience and
22
necessity.
23
(b) COMMISSION
NEPA REVIEW
RESPONSIBIL-
24
ITIES.—In acting as the lead agency under section
25
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•S 988 IS
15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1))
1
for the purposes of complying with the National Environ-
2
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
3
respect to an authorization under section 3 of the Natural
4
Gas Act (15 U.S.C. 717b) or a certificate of public conven-
5
ience and necessity, the Commission shall, in accordance
6
with this section and other applicable Federal law—
7
(1) be the only lead agency;
8
(2) coordinate as early as practicable with each
9
agency designated as a participating agency under
10
subsection (d)(3) to ensure that the Commission de-
11
velops information in conducting project-related
12
NEPA review that is usable by the participating
13
agency in considering an aspect of an application for
14
a Federal authorization for which the agency is re-
15
sponsible; and
16
(3) take such actions as are necessary and
17
proper to facilitate the expeditious resolution of
18
project-related NEPA review.
19
(c) DEFERENCE TO COMMISSION.—In making a deci-
20
sion with respect to a Federal authorization required with
21
respect to an application for an authorization under sec-
22
tion 3 of the Natural Gas Act (15 U.S.C. 717b) or a cer-
23
tificate of public convenience and necessity, each agency
24
shall give deference, to the maximum extent authorized
25
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•S 988 IS
by law, to the scope of the project-related NEPA review
1
that the Commission determines to be appropriate.
2
(d) PARTICIPATING AGENCIES.—
3
(1) IDENTIFICATION.—Not later than 30 days
4
after receiving an application for an authorization
5
under section 3 of the Natural Gas Act (15 U.S.C.
6
717b) or a certificate of public convenience and ne-
7
cessity, the Commission shall identify any Federal or
8
State agency, local government, or Indian Tribe
9
that—
10
(A) may issue a Federal authorization with
11
respect to the application; or
12
(B) is required by Federal law to consult
13
with the Commission in conjunction with the
14
issuance of an authorization under section 3 of
15
that Act (15 U.S.C. 717b) or a Federal author-
16
ization required for the certificate of public con-
17
venience and necessity.
18
(2) INVITATION.—
19
(A) IN GENERAL.—Not later than 45 days
20
after receiving an application for an authoriza-
21
tion under section 3 of the Natural Gas Act (15
22
U.S.C. 717b) or a certificate of public conven-
23
ience and necessity, the Commission shall invite
24
any agency identified under paragraph (1) to
25
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•S 988 IS
participate in the review process for the applica-
1
ble Federal authorization.
2
(B)
DEADLINE.—An
invitation
issued
3
under subparagraph (A) shall establish a dead-
4
line by which a response to the invitation shall
5
be submitted to the Commission, which may be
6
extended by the Commission for good cause.
7
(3) DESIGNATION
AS
PARTICIPATING
AGEN-
8
CIES.—Not later than 60 days after the Commission
9
receives an application for an authorization under
10
section 3 of the Natural Gas Act (15 U.S.C. 717b)
11
or a certificate of public convenience and necessity,
12
the Commission shall designate an agency identified
13
under paragraph (1) as a participating agency with
14
respect to an application for an authorization under
15
section 3 of that Act (15 U.S.C. 717b) or a certifi-
16
cate of public convenience and necessity unless the
17
agency informs the Commission, in writing, by the
18
deadline established pursuant to paragraph (2)(B),
19
that the agency—
20
(A) has no jurisdiction or authority with
21
respect to the applicable Federal authorization;
22
(B) has no special expertise or information
23
relevant to any project-related NEPA review; or
24
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•S 988 IS
(C) does not intend to submit comments
1
for the record for the project-related NEPA re-
2
view conducted by the Commission.
3
(4) EFFECT OF NON-DESIGNATION.—
4
(A) EFFECT
ON
AGENCY.—Any agency
5
that is not designated as a participating agency
6
under paragraph (3) with respect to an applica-
7
tion for an authorization under section 3 of the
8
Natural Gas Act (15 U.S.C. 717b) or a certifi-
9
cate of public convenience and necessity may
10
not request or conduct a NEPA review that is
11
supplemental to the project-related NEPA re-
12
view conducted by the Commission, unless the
13
agency—
14
(i) demonstrates that such review is
15
legally necessary for the agency to carry
16
out responsibilities in considering an as-
17
pect of an application for a Federal au-
18
thorization; and
19
(ii) requires information that could
20
not have been obtained during the project-
21
related NEPA review conducted by the
22
Commission.
23
(B) COMMENTS; RECORD.—The Commis-
24
sion shall not, with respect to an agency that is
25
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•S 988 IS
not designated as a participating agency under
1
paragraph (3) with respect to an application for
2
an authorization under section 3 of the Natural
3
Gas Act (15 U.S.C. 717b) or a certificate of
4
public convenience and necessity—
5
(i) consider any comments or other in-
6
formation submitted by the agency for the
7
project-related NEPA review conducted by
8
the Commission; or
9
(ii) include any such comments or
10
other information in the record for the
11
project-related NEPA review.
12
(e) SCHEDULE.—
13
(1) DEADLINE
FOR
FEDERAL
AUTHORIZA-
14
TIONS.—The deadline for a Federal authorization
15
required with respect to an application for an au-
16
thorization under section 3 of the Natural Gas Act
17
(15 U.S.C. 717b) or a certificate of public conven-
18
ience and necessity set by the Commission under
19
section 15(c)(1) of the Natural Gas Act (15 U.S.C.
20
717n(c)(1)) shall be not later than 90 days after the
21
date on which the Commission completes the appli-
22
cable project-related NEPA review, unless an appli-
23
cable schedule is otherwise established by Federal
24
law.
25
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•S 988 IS
(2) CONCURRENT REVIEWS.—Each Federal and
1
State agency—
2
(A) that may consider an application for a
3
Federal authorization required with respect to
4
an application for an authorization under sec-
5
tion 3 of the Natural Gas Act (15 U.S.C. 717b)
6
or a certificate of public convenience and neces-
7
sity shall formulate and implement a plan for
8
administrative, policy, and procedural mecha-
9
nisms to enable the agency to ensure completion
10
of Federal authorizations in compliance with
11
the schedule established by the Commission
12
under section 15(c)(1) of the Natural Gas Act
13
(15 U.S.C. 717n(c)(1)); and
14
(B) in considering an aspect of an applica-
15
tion for a Federal authorization required with
16
respect to an application for an authorization
17
under section 3 of the Natural Gas Act (15
18
U.S.C. 717b) or a certificate of public conven-
19
ience and necessity, shall—
20
(i) develop and implement a plan to
21
enable the agency to comply with the
22
schedule;
23
(ii) carry out the obligations of the
24
agency under applicable law concurrently,
25
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•S 988 IS
and in conjunction with, the project-related
1
NEPA review conducted by the Commis-
2
sion, and in compliance with the schedule;
3
(iii) transmit to the Commission a
4
statement—
5
(I) acknowledging receipt of the
6
schedule; and
7
(II) describing the plan developed
8
under clause (i); and
9
(iv) not less frequently than once
10
every 90 days, transmit to the Commission
11
a report describing the progress made in
12
considering the application for a Federal
13
authorization.
14
(3) FAILURE TO MEET DEADLINE.—
15
(A) IN GENERAL.—If a Federal or State
16
agency, including the Commission, fails to meet
17
a deadline for a Federal authorization required
18
in the applicable schedule established by the
19
Commission under section 15(c)(1) of the Nat-
20
ural Gas Act (15 U.S.C. 717n(c)(1)), not later
21
than 5 days after the deadline, the head of the
22
relevant Federal agency (including, in the case
23
of a failure by a State agency, the Federal
24
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•S 988 IS
agency overseeing the delegated authority)
1
shall—
2
(i) notify Congress and the Commis-
3
sion of the failure; and
4
(ii) include in that notification a de-
5
scription of the recommended implementa-
6
tion plan to ensure completion of the ac-
7
tion to which the deadline applied, unless
8
the Commission deems the requirement to
9
complete the action has been waived.
10
(B) REQUIREMENT.—In cases in which a
11
requirement has not been waived under clause
12
(ii) of subparagraph (A), not later than 5 days
13
after the date on which the Commission receives
14
the notification under that subparagraph, the
15
Commission shall—
16
(i) accept the recommended implemen-
17
tation plan; or
18
(ii) if the Commission does not accept
19
the recommended implementation plan, es-
20
tablish a revised schedule for completion of
21
the action and notify the head of the rel-
22
evant Federal agency.
23
(f) CONSIDERATION OF APPLICATIONS FOR FEDERAL
24
AUTHORIZATION.—
25
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•S 988 IS
(1) ISSUE
IDENTIFICATION
AND
RESOLU-
1
TION.—
2
(A) IDENTIFICATION.—Federal and State
3
agencies that may consider an aspect of an ap-
4
plication for a Federal authorization shall iden-
5
tify, as early as practicable, any issues of con-
6
cern that may delay or prevent an agency
7
from—
8
(i) working with the Commission to
9
resolve the issues; and
10
(ii) granting the Federal authoriza-
11
tion.
12
(B) ISSUE RESOLUTION.—The Commission
13
may forward any issue of concern identified
14
under subparagraph (A) to the heads of the rel-
15
evant agencies (including, in the case of an
16
issue of concern that is a failure by a State
17
agency, the Federal agency overseeing the dele-
18
gated authority, if applicable) for resolution.
19
(2) REMOTE SURVEYS.—
20
(A) IN GENERAL.—If a Federal or State
21
agency considering an aspect of an application
22
for a Federal authorization requires the person
23
applying for the Federal authorization to sub-
24
mit data, subject to subparagraph (B), the
25
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•S 988 IS
agency shall consider any data gathered by aer-
1
ial or other remote means that the person sub-
2
mits.
3
(B) CONSIDERATION.—Aerial or remote
4
survey data shall be considered under subpara-
5
graph (A) in cases in which property access is
6
not permitted or available and therefore onsite
7
inspection is not possible at the time of the ap-
8
plication review.
9
(C) CONDITIONAL
APPROVAL.—If appro-
10
priate and necessary for compliance with the
11
mandate of the agency, a Federal or State
12
agency may condition approval for a Federal
13
authorization based in part on data gathered by
14
aerial or remote means on the verification of
15
the data by subsequent onsite inspection.
16
(3) APPLICATION PROCESSING.—The Commis-
17
sion, and Federal and State agencies, may allow a
18
person applying for a Federal authorization to fund
19
a third-party contractor to assist in reviewing the
20
application for the Federal authorization.
21
(g)
ACCOUNTABILITY,
TRANSPARENCY,
EFFI-
22
CIENCY.—
23
(1) IN GENERAL.—For an application for an
24
authorization under section 3 of the Natural Gas
25
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[Text truncated for display. Full text available on Congress.gov.]