Scenic Trail Viewshed Protection Act

I 116TH CONGRESS 2D SESSION H. R. 7878 To bolster evaluation procedures in consideration of interstate natural gas pipelines in relation to National Scenic Trails, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 30, 2020 Ms. KUSTER of New Hampshire (for herself, Mr. NEAL, Mr. MALINOWSKI, Mr. RASKIN, Mr. MCGOVERN, and Mr. RUIZ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To bolster evaluation procedures in consideration of inter- state natural gas pipelines in relation to National Scenic Trails, 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 ‘‘Scenic Trail Viewshed 4 Protection Act’’. 5 SEC. 2. FINDING. 6 Congress finds that— 7 (1) prior to issuing a certificate of public con- 8 venience and necessity under section 7 of the Nat- 9 VerDate Sep 11 2014 04:06 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7878.IH H7878 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7878 IH ural Gas Act (15 U.S.C. 717f) with respect to a 1 pipeline for the transportation of natural gas that 2 will cross a national scenic trail established under 3 section 5 of the National Trails System Act (16 4 U.S.C. 1244), the Federal Energy Regulatory Com- 5 mission should specifically consider the conservation 6 and recreation value of the land impacted; and 7 (2) if such certificate, or an action taken pursu- 8 ant to such certificate, is under court review, the 9 court should consider the loss of any natural, cul- 10 tural, scenic, and recreational values in determining 11 whether an overriding public need for such pipeline 12 exists. 13 SEC. 3. CERTIFICATES FOR PIPELINES THAT INTERSECT 14 NATIONAL SCENIC TRAILS. 15 (a) APPLICABILITY.— 16 (1) PIPELINE.—This section applies with re- 17 spect to a pipeline for the transportation of natural 18 gas that will— 19 (A) intersect a trail described in paragraph 20 (2); or 21 (B) affect the surrounding radius of the 22 viewshed of a trail described in paragraph (2), 23 as determined as the result of a viewshed anal- 24 ysis performed and submitted to the Federal 25 VerDate Sep 11 2014 04:06 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7878.IH H7878 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7878 IH Energy Regulatory Commission by the admin- 1 istering agency of the trail or its cooperative 2 agreement designated partner. 3 (2) TRAIL.—A trail described in this paragraph 4 is a national scenic trail established under section 5 5 of the National Trails System Act (16 U.S.C. 1244). 6 (b) DETERMINATION.—The Federal Energy Regu- 7 latory Commission may issue a certificate of public con- 8 venience and necessity under section 7 of the Natural Gas 9 Act (15 U.S.C. 717f) for a pipeline described in subsection 10 (a)(1) only if the Commission determines that— 11 (1) the pipeline is the only prudent and feasible 12 alternative to meet an overriding public need; 13 (2) the applicant, in order to result in no, or 14 minimal, adverse effect to a trail described in sub- 15 section (a)(2) and the viewshed of such a trail, thor- 16 oughly considered, in this order, avoidance measures, 17 minimization measures, mitigation measures, and 18 enhancement measures, including alternative routes, 19 expanding existing pipeline infrastructure, and poli- 20 cies to reduce energy demand in the region of need; 21 (3) minimal road construction will be required 22 to construct and operate the pipeline; 23 VerDate Sep 11 2014 04:06 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7878.IH H7878 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7878 IH (4) construction of the pipeline will use the best 1 available technology in order to minimize, as much 2 as possible, the potential for leakage; 3 (5) if the pipeline will intersect a trail described 4 in subsection (a)(2), the pipeline will intersect the 5 trail— 6 (A) at a point that is already subject to 7 significant impact, including an existing energy 8 or transportation infrastructure crossing, or the 9 applicant made a documented effort to consider 10 such a route; and 11 (B) only once and using the shortest path 12 possible in crossing the trail; 13 (6) the pipeline will not affect the surrounding 14 viewshed of a trail described in subsection (a)(2) in 15 an area that— 16 (A) has been identified, through the 17 viewshed analysis of the trail described in 18 (a)(1)(B), as an area of high conservation, rec- 19 reational, or scenic value; 20 (B) is a protected wilderness area, as de- 21 fined by the Wilderness Act of 1964, an old- 22 growth forest, or an alpine area; or 23 (C) has an existing designated location for 24 a shelter or campsite; 25 VerDate Sep 11 2014 04:06 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7878.IH H7878 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7878 IH (7) construction techniques to be used for the 1 pipeline will produce a minimal disturbance to any 2 trail described in subsection (a)(2) and surrounding 3 conserved lands; 4 (8) the applicant has demonstrated plans for 5 the ongoing maintenance and operation of the pipe- 6 line that ensures such maintenance and operation is 7 done in a way that minimizes impact on any trail 8 described in subsection (a)(2) that the pipeline will 9 intersect, or the viewshed of which will be affected 10 by the pipeline, and surrounding conserved lands; 11 and 12 (9) the applicant clearly acknowledges that it 13 has an affirmative duty to— 14 (A) protect any trail described in sub- 15 section (a)(2) that the pipeline will intersect, or 16 the viewshed of which will be affected by the 17 pipeline, and surrounding environment; and 18 (B) ensure the health and safety of the 19 public who use such trail and surrounding envi- 20 ronment. 21 Æ VerDate Sep 11 2014 04:06 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7878.IH H7878 kjohnson on DSK79L0C42PROD with BILLS