,,ib ,union ,calendar ,no4 #bec #aaith ,,congress #ast ,session ,h4 ,r4 #cffh ,report ,no4 #aai-big1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,june #b1 #bjbe,mr4 ,hudson 7for himself and ,mr4 ,balderson7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,september #ae1 #bjbe;,additional sponsors3 ,mr4 ,dunn of ,florida and ,mr4 ,lawler ,september #ae1 #bjbe,reported from the ,committee on ,energy and ,commerce ,september #ae1 #bjbe;,committee on ,transportation and ,infrastructure discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to promote interagency coordination for reviewing certain authorizations under section #c of the ,natural ,gas ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,interagency ,coordination for ,pipeline ,reviews ,act4 #b4 ,promoting interagency coordination for review of natural gas pipelines 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,federal authorization ,the term ,federal authorization has the meaning given that term in section #ae7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7a774 7#c7 ,,nepa review ,the term ,,nepa review means the process of reviewing a proposed ,federal action under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7#d7 ,project-related ,,nepa review ,the term project-related ,,nepa review means any ,,nepa review required to be conducted with respect to the issuance of an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act4 7b7 ,commission ,,nepa review responsibilities ,in acting as the lead agency under section #ae7;b77#a7 of the ,natural ,gas ,act for the purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 the ,commission shall1 in accordance with this section and other applicable ,federal law-- 7#a7 be the only lead agency2 7#b7 coordinate as early as practicable with each agency designated as a participating agency under subsection 7d77#c7 to ensure that the ,commission develops information in conducting its project-related ,,nepa review that is usable by the participating agency in considering an aspect of an application for a ,federal authorization for which the agency is responsible2 and 7#c7 take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related ,,nepa review4 7c7 ,deference to ,commission ,in making a decision with respect to a ,federal authorization required with respect to an application for authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 each agency shall give deference1 to the maximum extent authorized by law1 to the scope of the project-related ,,nepa review that the ,commission determines to be appropriate4 7d7 ,participating agencies 7#a7 ,identification ,the ,commission shall identify1 not later than #cj days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 any ,federal or ,state agency1 local government1 or ,indian ,tribe that may issue a ,federal authorization or is required by ,federal law to consult with the ,commission in conjunction with the issuance of a ,federal authorization required for such authorization or certificate4 7#b7 ,invitation 7,a7 ,in general ,not later than #de days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 the ,commission shall invite any agency identified under paragraph 7#a7 to participate in the review process for the applicable ,federal authorization4 7,b7 ,deadline ,an invitation issued under subparagraph 7,a7 shall establish a deadline by which a response to the invitation shall be submitted to the ,commission1 which may be extended by the ,commission for good cause4 7#c7 ,designation as participating agencies ,not later than #fj days after the ,commission receives an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 the ,commission shall designate an agency identified under paragraph 7#a7 as a participating agency with respect to an application for authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act unless the agency informs the ,commission1 in writing1 by the deadline established pursuant to paragraph 7#b77;,b71 that the agency-- 7,a7 has no jurisdiction or authority with respect to the applicable ,federal authorization2 7,b7 has no special expertise or information relevant to any project-related ,,nepa review2 or 7,c7 does not intend to submit comments for the record for the project-related ,,nepa review conducted by the ,commission4 7#d7 ,effect of non-designation 7,a7 ,effect on agency ,any agency that is not designated as a participating agency under paragraph 7#c7 with respect to an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act may not request or conduct a ,,nepa review that is supplemental to the project-related ,,nepa review conducted by the ,commission1 unless the agency-- 7i7 demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a ,federal authorization2 and 7ii7 requires information that could not have been obtained during the project-related ,,nepa review conducted by the ,commission4 7,b7 ,comments2 record ,the ,commission shall not1 with respect to an agency that is not designated as a participating agency under paragraph 7#c7 with respect to an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act-- 7i7 consider any comments or other information submitted by such agency for the project-related ,,nepa review conducted by the ,commission2 or 7ii7 include any such comments or other information in the record for such project-related ,,nepa review4 7e7 ,water quality impacts 7#a7 ,in general ,notwithstanding section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda71 an applicant for a ,federal authorization shall not be required to provide a certification under such section with respect to the ,federal authorization4 7#b7 ,coordination ,with respect to any ,,nepa review for a ,federal authorization to conduct an activity that will directly result in a discharge into the navigable waters 7within the meaning of the ,federal ,water ,pollution ,control ,act71 the ,commission shall identify as an agency under subsection 7d77#a7 the ,state in which the discharge originates or will originate1 or1 if appropriate1 the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate4 7#c7 ,proposed conditions ,a ,state or interstate agency designated as a participating agency pursuant to paragraph 7#b7 may propose to the ,commission terms or conditions for inclusion in an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act that the ,state or interstate agency determines are necessary to ensure that any activity described in paragraph 7#b7 conducted pursuant to such authorization or certification will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg of the ,federal ,water ,pollution ,control ,act4 7#d7 ,commission consideration of conditions ,the ,commission may include a term or condition in an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act proposed by a ,state or interstate agency under paragraph 7#c7 only if the ,commission finds that the term or condition is necessary to ensure that any activity described in paragraph 7#b7 conducted pursuant to such authorization or certification will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg of the ,federal ,water ,pollution ,control ,act4 7f7 ,schedule 7#a7 ,deadline for ,federal authorizations ,a deadline for a ,federal authorization required with respect to an application for authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act set by the ,commission under section #ae7;c77#a7 of such ,act shall be not later than #ij days after the ,commission completes its project-related ,,nepa review1 unless an applicable schedule is otherwise established by ,federal law4 7#b7 ,concurrent reviews ,each ,federal and ,state agency-- 7,a7 that may consider an application for a ,federal authorization required with respect to an application for authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act shall formulate and implement a plan for administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of ,federal authorizations in compliance with schedules established by the ,commission under section #ae7;c77#a7 of such ,act2 and 7,b7 in considering an aspect of an application for a ,federal authorization required with respect to an application for authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 shall-- 7i7 formulate and implement a plan to enable the agency to comply with the schedule established by the ,commission under section #ae7;c77#a7 of such ,act2 7ii7 carry out the obligations of that agency under applicable law concurrently1 and in conjunction with1 the project-related ,,nepa review conducted by the ,commission1 and in compliance with the schedule established by the ,commission under section #ae7;c77#a7 of such ,act1 unless the agency notifies the ,commission in writing that doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out such obligations2 7iii7 transmit to the ,commission a statement-- 7,i7 acknowledging receipt of the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act2 and 7,,ii7 setting forth the plan formulated under clause 7i7 of this subparagraph2 7iv7 not later than #cj days after the agency receives such application for a ,federal authorization1 transmit to the applicant a notice-- 7,i7 indicating whether such application is ready for processing2 and 7,,ii7 if such application is not ready for processing1 that includes a comprehensive description of the information needed for the agency to determine that the application is ready for processing2 7v7 determine that such application for a ,federal authorization is ready for processing for purposes of clause 7iv7 if such application is sufficiently complete for the purposes of commencing consideration1 regardless of whether supplemental information is necessary to enable the agency to complete the consideration required by law with respect to such application2 and 7vi7 not less often than once every #ij days1 transmit to the ,commission a report describing the progress made in considering such application for a ,federal authorization4 7#c7 ,failure to meet deadline ,if a ,federal or ,state agency1 including the ,commission1 fails to meet a deadline for a ,federal authorization set forth in the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act1 not later than #e days after such deadline1 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 shall notify ,congress and the ,commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied4 7g7 ,consideration of applications for ,federal authorization 7#a7 ,issue identification and resolution 7,a7 ,identification ,federal and ,state agencies that may consider an aspect of an application for a ,federal authorization shall identify1 as early as possible1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting such authorization4 7,b7 ,issue resolution ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of an issue of concern that is a failure by a ,state agency1 the ,federal agency overseeing the delegated authority1 if applicable7 for resolution4 7#b7 ,remote surveys ,if a ,federal or ,state agency considering an aspect of an application for a ,federal authorization requires the person applying for such authorization to submit data1 the agency shall consider any such data gathered by aerial or other remote means that the person submits4 ,the agency may grant a conditional approval for the ,federal authorization based on data gathered by aerial or remote means1 conditioned on the verification of such data by subsequent onsite inspection4 7#c7 ,application processing ,the ,commission1 and ,federal and ,state agencies1 may allow a person applying for a ,federal authorization to fund a third-party contractor to assist in reviewing the application for such authorization4 7h7 ,accountability1 transparency1 efficiency ,for an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act that requires multiple ,federal authorizations1 the ,commission1 with input from any ,federal or ,state agency considering an aspect of the application1 shall track and make available to the public on the ,commission's website information related to the actions required to complete the ,federal authorizations4 ,such information shall include the following3 7#a7 ,the schedule established by the ,commission under section #ae7;c77#a7 of the ,natural ,gas ,act4 7#b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other actions necessary to obtain a final decision on the application4 7#c7 ,the expected completion date for each such action4 7#d7 ,a point of contact at the agency responsible for each such action4 7#e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reasons for the delay4 7i7 ,pipeline security ,in considering an application for an authorization under section #c of the ,natural ,gas ,act or a certificate of public convenience and necessity under section #g of such ,act1 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 security1 pipeline cybersecurity1 pipeline personnel security1 and other pipeline security measures4 ,september #ae1 #bjbe,reported from the ,committee on ,energy and ,commerce,september #ae1 #bjbe;,committee on ,transportation and ,infrastructure discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed