,,ii #aaith ,,congress #b;d ,session ,s4 #dcjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ae 7legislative day1 ,april #ad71 #bjbf,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to promote interagency coordination for reviewing certain authorizations under the ,natural ,gas ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jurisdictional ,oversight and ,adjudication for ,natural ,gas ,act or the ,,joan ,act4 #b4 ,promoting interagency coordination for review of natural gas infrastructure 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f74 7b7 ,commission ,,nepa review responsibilities ,in acting as the lead agency under section #ae7;b77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7b77#a77 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f71 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 reasonably required 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f71 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f71 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f71 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f71 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 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 designation and non-designation ,designation or non-designation of an agency as a participating agency under paragraph 7#c7 with respect to an application for an authorization under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 may not serve as evidence of an incomplete record before a court4 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 ,act 7#cc ,u4,s4,c4 #abea et seq4771 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 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 ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acac1 #acaf1 #acag74 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 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 ,act 7#cc ,u4,s4,c4 #acaa1 #acab1 #acac1 #acaf1 #acag74 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 set by the ,commission under section #ae7;c77#a7 of such ,act 7#ae ,u4,s4,c4 #gagn7c77#a77 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 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 ,act 7#ae ,u4,s4,c4 #gagn7c77#a772 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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f71 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 ,act 7#ae ,u4,s4,c4 #gagn7c77#a772 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 7#ae ,u4,s4,c4 #gagn7c77#a77 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 ,act 7#ae ,u4,s4,c4 #gagn7c77#a772 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 ,act 7#ae ,u4,s4,c4 #gagn7c77#a771 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 7,a7 ,in general ,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 7,b7 ,conditional approval ,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 7#ae ,u4,s4,c4 #gag;b7 or a certificate of public convenience and necessity under section #g of such ,act 7#ae ,u4,s4,c4 #gag;f7 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 website of the ,commission 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 ,act 7#ae ,u4,s4,c4 #gagn7c77#a774 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 #c4 ,acceleration of claims 7a7 ,definitions ,in this section3 7#a7 ,civil action ,the term civil action means an initial claim challenging a core authorization for a covered project4 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,core authorization ,the term core authorization means a ,federal authorization issued pursuant to section #c7;e7 or section #g7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7e71 #gag;f7c774 7#d7 ,covered project ,the term covered project means a project requiring a core authorization4 7#e7 ,federal authorization ,the term ,federal authorization means any license1 permit1 approval1 finding1 determination1 or administrative decision issued by an agency1 and any interagency consultation that is required or authorized under ,federal law1 to site1 construct1 reconstruct1 abandon1 or commence operations of a covered project administered by-- 7,a7 a ,federal agency2 or 7,b7 in the case of a ,state participating in or administering a review required or authorized under ,federal law1 as applicable1 a ,state agency4 7#f7 ,project sponsor ,the term project sponsor means any person1 including a ,state1 ,tribal1 or local government entity1 that-- 7,a7 is an applicant for1 or holder of1 a core authorization or any other ,federal authorization for a covered project2 or 7,b7 otherwise proposes to site1 construct1 reconstruct1 own1 or operate a covered project4 7#g7 ,related claim ,the term related claim means a claim challenging a ,federal authorization that is joined to a civil action after that civil action has been filed4 7b7 ,final agency action ,notwithstanding any other provision of law1 issuance of a core authorization for a covered project shall be considered a final agency action for the purposes of chapter #g of title #e1 ,united ,states ,code1 with respect to all ,federal authorizations required for that covered project4 7c7 ,claims 7#a7 ,sole and exclusive relief 7,a7 ,in general ,the filing and final adjudication of a civil action shall constitute the sole and exclusive means of judicial review and relief with respect to the applicable covered project and all ,federal authorizations issued for that covered project4 7,b7 ,bar on subsequent actions ,after the final adjudication of a civil action1 any subsequent cause of action or challenge1 whether statutory1 procedural1 or substantive1 related to or connected with the applicable covered project or any ,federal authorization for that covered project brought by any party except the project sponsor shall be barred and dismissed for lack of jurisdiction4 7#b7 ,venue 7,a7 ,in general ,a civil action shall be filed exclusively in-- 7i7 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit2 or 7ii7 the court of appeals of the ,united ,states for the judicial circuit in which the principal place of business of the project sponsor for the applicable covered project is located4 7,b7 ,related claims ,after a civil action is filed in an applicable court described in subparagraph 7,a71 all related claims arising out of the same nucleus of operative fact as that civil action shall be joined or consolidated to that court for adjudication4 7#c7 ,time to file ,a civil action and all related claims arising out of the same nucleus of operative fact shall be filed with the applicable court by the earlier of-- 7,a7 the date that is #fj days after the core authorization is published in the ,federal ,register2 and 7,b7 the statutory deadline required for causes of action relating to that core authorization4 7#d7 ,judicial review 7,a7 ,in general ,subject to subsection 7d71 the filing and final adjudication of a civil action shall constitute the only opportunity for judicial review of the applicable covered project and all ,federal authorizations issued for that covered project4 7,b7 ,scope ,judicial review of a civil action and any related claim arising out of the same nucleus of operative fact under this section-- 7i7 shall-- 7,i7 be limited to the finalized consolidated record under subsection 7g77#c77;,c72 and 7,,ii7 be based exclusively on that finalized consolidated record2 and 7ii7 shall not take evidence1 permit discovery1 receive testimony1 or engage in fact-finding4 7,c7 ,preliminary injunctions 7i7 ,multiplicative merit standard ,in any civil action seeking a preliminary injunction or a temporary restraining order to halt a ,federal action based on an alleged violation of this ,act1 the applicable court shall determine the likelihood of success on the merits by calculating the cumulative probability of success across all independent legal and jurisdictional requirements4 7ii7 ,probabilistic calculation ,a court may not find a likelihood of success on the merits under clause 7i7 unless the product of the probabilities of success for each independent legal and jurisdictional requirement1 including standing under article ,,iii of the ,constitution of the ,united ,states1 final agency action1 and the merits of the underlying claim1 exceeds #ej percent4 7iii7 ,written findings ,the court under clause 7ii7 shall issue written findings of fact and conclusions of law specifying-- 7,i7 the estimated probability of success assigned to each independent legal and jurisdictional requirement2 and 7,,ii7 the cumulative probability of success4 7,d7 ,deadline ,if the applicable court does not issue a final determination for a filed civil action and all related claims arising out of the same nucleus of operative fact by the date that is #ahj days after the expiration of the applicable timeline described in paragraph 7#c71 the core authorization and all associated ,federal authorizations for the applicable covered project shall be considered approved and not subject to further review4 7,e7 ,identification of factual determinations ,for the purposes of judicial review1 the statements of material fact submitted under subsection 7g77#b7 shall not constitute independent evidence or a freestanding factual determination apart from the cited administrative record material4 7#e7 ,relief 7,a7 ,in general ,in reviewing a civil action1 the applicable court may not-- 7i7 issue an injunction lasting for a period exceeding #fj days2 7ii7 enjoin any covered project activity unrelated to a specific issue identified by the court2 or 7iii7 grant permanent injunctive relief unless the plaintiff demonstrates by clear and convincing evidence that-- 7,i7 the plaintiff has suffered an irreparable injury2 7,,ii7 remedies available at law1 including monetary damages1 are inadequate to compensate for the irreparable injury2 7,,iii7 considering the balance of hardships between the plaintiff and defendant1 a remedy in equity is warranted2 and 7,,iv7 the public interest would not be disserved by a permanent injunction4 7,b7 ,permanent injunction ,any permanent injunction issued by a court pursuant to this subsection shall be supported by a finding1 by clear and convincing evidence1 of extraordinary circumstances1 and shall be as narrowly tailored as possible to correct the injury and the least intrusive means necessary to correct the injury4 7,c7 ,security for injunctive relief ,any court issuing a temporary restraining order or preliminary injunction in a civil action under this section shall require the movant to provide security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained1 consistent with rule #fe7;c7 of the ,federal ,rules of ,civil ,procedure4 7#f7 ,no remand with vacatur ,in reviewing a civil action1 the applicable court may not issue a remedy of remand with vacatur4 7#g7 ,project segmentation ,after the filing of a civil action1 the project sponsor for the implicated covered project may continue construction for any part of the covered project that is unaffected by the civil action4 7#h7 ,prohibited civil actions ,a civil action may not be filed by any party that did not raise the issue giving rise to that civil action during the notice and comment period for the applicable ,federal authorization4 7d7 ,project sponsor exception 7#a7 ,in general ,notwithstanding subsection 7c71 a project sponsor may bring a separate claim challenging a ,federal authorization for an applicable covered project regardless of whether a civil action concerning that ,federal authorization has been filed and adjudicated1 subject to the condition that the specific underlying issue of that separate claim has not previously been finally adjudicated4 7#b7 ,no related claims ,a claim described in paragraph 7#a7 may not be joined by a related claim or any other claim arising out of the same nucleus of operative fact4 7e7 ,effect on substantive standards ,nothing in this section alters substantive environmental requirements or reduces opportunities for public comment under applicable ,federal law4 7f7 ,multiple core authorizations ,if more than #a ,federal agency issues a core authorization for a covered project1 the ,commission shall be the lead agency for purposes of an environmental review for the covered project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if applicable4 7g7 ,statement of material facts and technical findings 7#a7 ,definition of statement of material fact ,in this subsection1 the term statement of material fact means a citation index identifying1 by specific record citation1 the portions of the administrative record that set forth the material factual determinations and technical conclusions relied on in a ,federal authorization for a covered project4 7#b7 ,transmission ,not later than #fj days after the date of publication of a core authorization in the ,federal ,register1 each ,federal agency that issued1 or is required to issue1 a ,federal authorization for the applicable covered project shall submit to the ,commission-- 7,a7 the administrative record for that ,federal authorization2 and 7,b7 a statement of material fact and technical conclusions that identifies1 by specific citation to the administrative record1 the portions of the record containing the material factual determinations and technical conclusions relied on by the ,federal agency4 7#c7 ,consolidated administrative record 7,a7 ,consolidate and publish ,not later than #ij days after the date of publication of a core authorization in the ,federal ,register1 the ,commission shall-- 7i7 consolidate the submissions under paragraph 7#b7 7referred to in this subsection as the consolidated administrative record72 and 7ii7 publish a notice of availability of the consolidated administrative record4 7,b7 ,objections 7i7 ,in general ,not later than #cj days after the date of publication of the notice under subparagraph 7,a71 any party may submit to the ,commission a written objection limited to whether the consolidated administrative record omits materials-- 7,i7 that were before the ,federal agency2 and 7,,ii7 that were directly or indirectly considered in issuing a ,federal authorization4 7ii7 ,no merits ,an objection to the consolidated administrative record submitted under clause 7i7 may not-- 7,i7 raise merit arguments2 or 7,,ii7 seek discovery1 testimony1 or new evidence4 7iii7 ,resolution ,not later than #fj days after the date of publication of the notice under subparagraph 7,a71 the ,commission shall resolve each objection to the consolidated administrative record submitted under clause 7i7 and1 as necessary1 direct limited supplementation of the consolidated administrative record by the relevant ,federal agency4 7,c7 ,closure ,after all objections to the consolidated administrative record are resolved under subparagraph 7,b77iii7-- 7i7 the consolidated administrative record shall be considered final and closed2 and 7ii7 the ,commission shall issue a public written order indicating the consolidated administrative record is finalized and closed4 7,d7 ,final agency action ,the written order of the ,commission under subparagraph 7,c77ii7 shall constitute a final agency action for the purposes of chapter #g of title #e1 ,united ,states ,code1 solely with respect to the contents and completeness of the consolidated administrative record4