,,ii #aafth ,,congress #b;d ,session ,s4 #dejb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbj,mr4 ,kaine 7for himself and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,natural ,gas ,act to bolster fairness and transparency in the consideration of interstate natural gas pipeline permits1 to provide for greater public input opportunities in the natural gas pipeline permitting process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pipeline ,fairness1 ,transparency1 and ,responsible ,development ,act of #bjbj4 #b4 ,notice to affected landowners 7a7 ,initial notice ,section #g7;d7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7d77 is amended-- 7#a7 by striking the subsection designation and all that follows through ,application for certificates and inserting the following3 7d7 ,application for certificate of public convenience and necessity 7#a7 ,in general ,subject to paragraph 7#b71 an application for a certificate 2 and 7#b7 by adding at the end the following3 7#b7 ,requirements 7,a7 ,application ,an application for a certificate of public convenience and necessity under paragraph 7#a7 shall include-- 7i7 the name and address of each interested party on whom the applicant is required to serve notice of the application under that paragraph2 and 7ii7 a copy of the notice proposed to be served on each interested party under that paragraph4 7,b7 ,notice 7i7 ,in general ,a notice served on an interested party under paragraph 7#a7 shall include-- 7,i7 a description of the proceeding before the ,commission relating to the application for a certificate of public convenience and necessity2 7,,ii7 complete instructions on how the interested party can move to intervene in the proceeding described in the notice1 including instructions on how to intervene-- 7aa7 electronically2 and 7bb7 through a paper filing2 7,,iii7 a clear statement of the contents required to be included in a motion to intervene in the proceeding described in the notice2 7,,iv7 the deadline for the interested party to move to intervene in the proceeding described in the notice2 and 7,v7 a section1 separated from the remaining text of the notice and clearly displayed in bold print1 informing the interested party that-- 7aa7 in order to preserve the right to seek judicial review of a decision by the ,commission relating to the certificate of public convenience and necessity1 the interested party must intervene in the proceeding described in the notice2 and 7bb7 intervention in the proceeding described in the notice is the only way to preserve the right to judicial review described in item 7aa74 7ii7 ,review ,the ,commission shall-- 7,i7 review each notice submitted to the ,commission under subparagraph 7,a77ii7 to determine whether the notice meets the requirements described in clause 7i72 and 7,,ii7 approve the notice only if the notice meets those requirements4 7iii7 ,service 7,i7 ,in general ,an applicant may not serve notice on an interested party under paragraph 7#a7 unless the notice has been approved by the ,commission under clause 7ii74 7,,ii7 ,deadline ,a notice under paragraph 7#a7 shall be served on an interested party not less than #fj days before the last day on which the interested party may intervene in the proceeding described in the notice4 7,c7 ,public availability of information relating to interested parties ,on request of any person1 the ,commission shall disclose the names and addresses submitted to the ,commission under subparagraph 7,a77i71 subject to such reasonable terms and conditions as the ,commission determines to be appropriate4 4 7b7 ,subsequent notice ,section #g7;e7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7e77 is amended-- 7#a7 by striking the subsection designation and all that follows through of this section1 in the first sentence and inserting the following3 7e7 ,issuance of certificate 7#a7 ,in general ,except in the cases governed by the provisos in subparagraphs 7,a7 and 7,b7 of subsection 7c77#a71 and subject to paragraphs 7#b7 through 7#d71 2 7#b7 in paragraph 7#a7 7as so designated71 by striking necessity2 otherwise in the first sentence and all that follows through ,the ,commission in the second sentence and inserting the following3 8necessity4 7#b7 ,requirement ,the ,commission shall deny any application for which the ,commission has not made the findings described in paragraph 7#a74 7#c7 ,terms and conditions ,the ,commission 2 and 7#c7 by adding at the end the following3 7#d7 ,notice of issuance 7,a7 ,in general ,on issuance of a certificate of public convenience and necessity by the ,commission1 the applicant requesting the certificate shall provide to each interested party on whom the applicant served notice of the application under subsection 7d7 a notice of the issuance of the certificate4 7,b7 ,requirements ,each notice under subparagraph 7,a7 shall include-- 7i7 complete instructions on how the recipient of the notice may apply for a rehearing before the ,commission2 7ii7 a clear statement of the contents required to be included in an application for a rehearing before the ,commission2 7iii7 the deadline for the recipient to file that application2 7iv7 the time period for seeking judicial review of a decision of the ,commission on an application for rehearing2 7v7 a statement informing the recipient that judicial review will not be available with respect to a decision of the ,commission on any issue for which the recipient has not sought rehearing before the ,commission2 and 7vi7 a clear reference to-- 7,i7 subsections 7a7 and 7b7 of section #ai2 and 7,,ii7 any rules issued under those subsections relating to the time or manner of seeking-- 7aa7 a rehearing before the ,commission2 or 7bb7 judicial review of a decision of the ,commission under this section1 including any decision on a rehearing4 7,c7 ,effect of notice ,a court may not grant a petition for eminent domain under subsection 7h7 with respect to any property covered by the applicable certificate of public convenience and necessity issued under this subsection unless the holder of the certificate has provided notice under this paragraph to each interested party described in subparagraph 7,a74 4 #c4 ,conditioned certificates ,section #g7;e7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7e77 7as amended by section #b7;b77 is amended by adding at the end the following3 7#e7 ,restrictions 7,a7 ,eminent domain 7i7 ,commencement of action ,a holder of a certificate of public convenience and necessity may not commence an action under subsection 7h7 until the earliest date on which all timely applications for rehearing under section #ai7;a7-- 7,i7 have received a ruling on the merits by the ,commission under that section2 or 7,,ii7 have been deemed denied under paragraph 7#c77;,b77i7 of that section4 7ii7 ,ruling on petition ,a court may not grant a petition for eminent domain under subsection 7h7 with respect to any property covered by the applicable certificate of public convenience and necessity if the holder of that certificate has not received all required certifications1 authorizations1 approvals1 permits1 or other permissions from ,federal or ,state agencies necessary-- 7,i7 to begin construction2 and 7,,ii7 to complete the entire project for which the certificate was issued4 7,b7 ,construction ,the holder of a certificate of public convenience and necessity may not begin construction under that certificate until the later of-- 7i7 the earliest date on which the holder has received all required certifications1 authorizations1 approvals1 permits1 or other permissions described in subparagraph 7,a77ii72 and 7ii7 the earliest date on which all timely applications for rehearing under section #ai7;a7-- 7,i7 have received a ruling on the merits by the ,commission under that section2 or 7,,ii7 have been deemed denied under paragraph 7#c77;,b77i7 of that section4 4 #d4 ,eminent domain 7a7 ,statement of policy ,with respect to the construction and operation of natural gas pipelines1 it is the policy of the ,united ,states to protect the rights of citizens of the ,united ,states to their private property1 including by limiting the taking of private property by the ,federal ,government to situations in which the taking is for public use1 with just compensation1 and required by the public convenience and necessity1 and not merely to advance the economic interests of private parties that would be given ownership or use of the property taken4 7b7 ,just compensation ,section #g7;h7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7h77 is amended-- 7#a7 by striking the subsection designation and all that follows through ,when any holder in the first sentence and inserting the following3 7h7 ,eminent domain 7#a7 ,in general ,when any holder 2 7#b7 in paragraph 7#a7 7as so designated71 in the second sentence-- 7,a7 by striking ,the practice and inserting the following3 7#b7 ,practice and procedure 7,a7 ,in general ,subject to subparagraph 7,b71 the practice 2 7#c7 in paragraph 7#b77;,a7 7as so designated71 by striking situated3 ,provided1 ,that the and inserting the following 8situated4 7,b7 ,limitation ,the 2 and 7#d7 by adding at the end the following3 7#c7 ,just compensation 7,a7 ,definition of lost conservation value ,in this paragraph1 the term lost conservation value means-- 7i7 the value of any use of land for conservation purposes 7as defined in section #a4agj;,a-#ad7;d7 of title #bf1 ,code of ,federal ,regulations 7or a successor regulation77 that is interrupted or prevented by the exercise of the right of eminent domain under paragraph 7#a72 7ii7 any decrease in the value of land due to the interruption or prevention of a use described in clause 7i72 and 7iii7 any lost benefit or decrease in the value of a benefit due to the interruption or prevention of a use described in clause 7i74 7,b7 ,land subject to a conservation easement ,in determining the just compensation for property acquired by the exercise of the right of eminent domain under paragraph 7#a71 in the case of land subject to a conservation easement1 the court with jurisdiction over the proceeding shall consider the lost conservation value of that land4 4 #e4 ,appraisals1 offers of compensation1 and possession ,section #g7;h7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7h77 7as amended by section #d7;b77 is amended by adding at the end the following3 7#d7 ,appraisals and offers of compensation 7,a7 ,appraisals 7i7 ,in general ,the holder of a certificate of public convenience and necessity shall have the property covered by the certificate appraised in accordance with generally accepted appraisal standards4 7ii7 ,requirement ,the owner of the applicable property 7or a designated representative of the owner7 shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under clause 7i74 7iii7 ,timing ,an appraisal under clause 7i7 shall be carried out before the holder of the certificate of public convenience and necessity makes an offer of compensation to the owner of the applicable property4 7,b7 ,offers of compensation ,any offer of compensation made to an owner of property that is covered by a certificate of public convenience and necessity-- 7i7 shall be made in writing2 7ii7 may not be for an amount less than the fair market value of the property1 as determined by an appraisal carried out under subparagraph 7,a72 and 7iii7 shall include damages to any property of the owner that is adjacent to the property covered by the certificate4 7#e7 ,judicial review of eminent domain petition ,no court shall have jurisdiction to review a petition for eminent domain under this subsection unless-- 7,a7 an appraisal has been carried out in accordance with subparagraph 7,a7 of paragraph 7#d72 and 7,b7 the holder of the certificate of public convenience and necessity has made an offer of compensation to the owner of the applicable property in accordance with subparagraph 7,b7 of that paragraph4 7#f7 ,right of possession ,an owner of property covered by a certificate of public convenience and necessity shall not be required to surrender possession of the property unless the holder of the certificate-- 7,a7 has paid to the owner the agreed purchase price2 or 7,b7 has deposited with the applicable court the amount of the award of compensation in the condemnation proceeding for the property4 4 #f4 ,process coordination for environmental review ,section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 is amended by adding at the end the following3 7g7 ,environmental review for interstate natural gas pipelines 7#a7 ,definitions ,in this subsection3 7,a7 ,federal authorization 7i7 ,in general ,the term ,federal authorization means any authorization required under ,federal law with respect to an application for a certificate of public convenience and necessity under section #g4 7ii7 ,inclusions ,the term ,federal authorization includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to an application for a certificate of public convenience and necessity under section #g4 7,b7 ,project ,the term project means a project for the construction or extension of facilities for the transportation in interstate commerce of natural gas that requires ,federal authorization4 7#b7 ,programmatic environmental impact statements ,in considering an application for ,federal authorization for a project in a ,state1 if1 during the #a-year period beginning on the date on which the application is filed1 an application for ,federal authorization for a separate project is filed1 and that project is located in the same ,state and within #ajj miles of the first project1 the ,commission shall consider both projects to be #a project for purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,supplemental environmental impact statements 7,a7 ,in general ,if the ,commission determines that comments submitted in response to a draft environmental impact statement prepared with respect to an application for ,federal authorization raise issues that exceed the initial scope of the draft environmental impact statement1 a supplemental environmental impact statement shall be prepared for the project4 7,b7 ,mitigation plans ,if a draft environmental impact statement prepared with respect to an application for ,federal authorization does not include information about mitigation plans for adverse impacts that cannot reasonably be avoided1 a supplemental environmental impact statement shall be prepared that includes that information4 7#d7 ,public meeting requirements ,in complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to an application for ,federal authorization1 the ,commission shall ensure that any public meeting shall be held-- 7,a7 in each county or equivalent subdivision in which the project will be located2 and 7,b7 during each period of public comment preceding1 if applicable1 publication of-- 7i7 a draft environmental impact statement2 7ii7 a final environmental impact statement2 and 7iii7 any supplemental environmental impact statement4 4 #g4 ,impacts on critical natural resources ,subsection 7g7 of section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 7as added by section #f7 is amended by adding at the end the following3 7#e7 ,national scenic trails 7,a7 ,in general ,in preparing an environmental impact statement with respect to an application for ,federal authorization for a project1 any evaluation of the visual impacts of the project on a national scenic trail designated by the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abda et seq47 in the environmental impact statement shall-- 7i7 consider the cumulative visual impacts of any similar proposed project-- 7,i7 for which an application for ,federal authorization is in the pre-filing or filing stage2 and 7,,ii7 that impacts the same national scenic trail within #ajj miles of the first project2 and 7ii7 include visual impact simulations depicting leaf-on and leaf-off views at each location where major visual impacts occur1 as identified1 authenticated1 and justified during the period of public comment preceding the publication of a draft environmental impact statement by the head of the ,federal agency or independent agency administering the land at the applicable location4 7,b7 ,national forest management plans ,no amendment to a ,national ,forest management plan under the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq47 shall be considered if the result of the amendment represents net degradation to the resources of a national scenic trail designated by the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abda et seq474 4 #h4 ,judicial review ,section #ai7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7a77 is amended-- 7#a7 in the sixth sentence1 by striking ,until the record and inserting the following3 7#e7 ,powers of the ,commission ,until the record 2 7#b7 in the fifth sentence1 by striking ,no proceeding and inserting the following3 7#d7 ,application required for judicial review ,no proceeding 2 7#c7 by striking the fourth sentence and inserting the following3 7,b7 ,effect of failure to timely rule on the merits 7i7 ,in general ,if the ,commission has not ruled on the merits of an application for rehearing under this subsection by the date that is #de days after the date on which the application is filed with the ,commission1 the application shall be deemed denied on that date4 7ii7 ,orders granting rehearing for further consideration ,for purposes of clause 7i71 an order granting an application for rehearing solely for the purpose of further considering the issues raised in the application shall not be considered to be a ruling on the merits of the application4 7iii7 ,judicial review ,an application that is deemed denied under clause 7i7 may be reviewed by a court of appeals of the ,united ,states in accordance with subsection 7b74 2 7#d7 in the third sentence1 by striking ,upon such application and inserting the following3 7#c7 ,decision on application 7,a7 ,in general ,on an application for rehearing under this subsection1 2 7#e7 in the second sentence1 by striking ,the application and inserting the following3 7#b7 ,contents ,an application 2 and 7#f7 by striking the subsection designation and all that follows through ,any person in the first sentence and inserting the following3 7a7 ,application for rehearing 7#a7 ,in general ,any person 4