69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–235 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2910) TO PROVIDE 

FOR FEDERAL AND STATE AGENCY COORDINATION IN THE APPROVAL 

OF CERTAIN AUTHORIZATIONS UNDER THE NATURAL GAS ACT, AND 

FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 2883) TO ESTABLISH A MORE UNIFORM, TRANSPARENT, AND MODERN PROCESS TO AUTHORIZE THE CONSTRUCTION, CONNECTION, OPERATION, AND MAINTENANCE OF INTERNATIONAL BORDER-CROSSING 

FACILITIES FOR THE IMPORT AND EXPORT OF OIL AND NATURAL GAS 

AND THE TRANSMISSION OF ELECTRICITY; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 218) TO PROVIDE FOR THE EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND IN THE STATE OF ALASKA FOR 

THE CONSTRUCTION OF A ROAD BETWEEN KING COVE AND COLD BAY; 

AND FOR OTHER PURPOSES 

JULY 18, 2017.—Referred to the House Calendar and ordered to be printed 

Ms. CHENEY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 454] 

The Committee on Rules, having had under consideration House 

Resolution 454, by a record vote of 7 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2910, the Promoting Interagency Coordination for Review of Natural Gas Pipelines Act, under a structured rule. The resolution provides one hour 

of general debate equally divided and controlled by the chair and 

ranking minority member of the Committee on Energy and Commerce. The resolution waives all points of order against consideration of the bill. The resolution makes in order as original text for 

the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–28 and 

provides that it shall be considered as read. The resolution waives 

all points of order against that amendment in the nature of a substitute. The resolution makes in order only those amendments 

printed in part A of this report. Each such amendment may be offered only in the order printed in this report, may be offered only 

by a Member designated in this report, shall be considered as read, 

shall be debatable for the time specified in this report equally diVerDate Sep 11 2014 05:10 Jul 19, 2017 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR235.XXX HR235
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vided and controlled by the proponent and an opponent, shall not 

be subject to amendment, and shall not be subject to a demand for 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in part A of this report. The resolution provides one 

motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

2883, the Promoting Cross-Border Energy Infrastructure Act, 

under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking 

minority member of the Committee on Energy and Commerce. The 

resolution waives all points of order against consideration of the 

bill. The resolution makes in order as original text for the purpose 

of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–29 and provides 

that it shall be considered as read. The resolution waives all points 

of order against that amendment in the nature of a substitute. The 

resolution makes in order only those further amendments printed 

in part B of this report. Each such amendment may be offered only 

in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be 

debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, shall not be subject 

to amendment, and shall not be subject to a demand for division 

of the question in the House or in the Committee of the Whole. The 

resolution waives all points of order against the amendments printed in part B of this report. The resolution provides for one motion 

to recommit with or without instructions. 

Section 3 of the resolution provides for consideration of H.R. 218, 

the King Cove Road Land Exchange Act, under a structured rule. 

The resolution provides one hour of general debate equally divided 

and controlled by the chair and ranking minority member of the 

Committee on Natural Resources. The resolution waives all points 

of order against consideration of the bill. The resolution makes in 

order as original text for the purpose of amendment an amendment 

in the nature of a substitute consisting of the text of Rules Committee Print 115–27 and provides that it shall be considered as 

read. The resolution waives all points of order against that amendment in the nature of a substitute. The resolution makes in order 

only those further amendments printed in part C of this report. 

Each such amendment may be offered only in the order printed in 

this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time 

specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and 

shall not be subject to a demand for division of the question in the 

House or in the Committee of the Whole. The resolution waives all 

points of order against the amendments printed in part C of this 

report. The resolution provides for one motion to recommit with or 

without instructions. 

Section 4 of the resolution provides that it shall be in order at 

any time on the legislative day of July 20, 2017, for the Speaker 

to entertain motions that the House suspend the rules, as though 

under clause 1 of rule XV, relating to the bill (H.R. 2825) to amend 

the Homeland Security Act of 2002 to make certain improvements 

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in the laws administered by the Secretary of Homeland Security, 

and for other purposes. 

Section 5 of the resolution provides that the Committee on Appropriations may, at any time before 5 p.m. on Friday, July 21, 

2017, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2018. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 2910, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 2910 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in part A of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 2883, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 2883 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in part B of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 218, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 218 made in order 

as original text, the Committee is not aware of any points of order. 

The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in part C of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 76 

Motion by Ms. Slaughter to make in order and provide the appropriate waivers for amendment #5 to H.R. 2883, offered by Rep. 

Castor (FL), which ensures that the complete length of bordercrossing projects—not just the portion crossing the border—receive 

a thorough environmental review. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ ................... Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... ................... Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

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Majority Members Vote Minority Members Vote 

Mr. Collins ........................................................ Nay Mr. Polis ........................................................... ...................

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Buck ........................................................... Nay 

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 77 

Motion by Mr. McGovern to make in order and provide the appropriate waivers for amendment #7 to H.R. 2910, offered by Rep. 

Pallone (NJ), which prohibits the use of eminent domain for pipeline projects with a certificate of public convenience after the enactment of this bill. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ ................... Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... ................... Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Collins ........................................................ Nay Mr. Polis ........................................................... ...................

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Buck ........................................................... Nay 

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 78 

Motion by Mr. McGovern to make in order and provide the appropriate waivers for amendment #4 to H.R. 2910, offered by Rep. 

Watson Coleman (NJ), which requires that FERC find it in the 

public interest before allowing a holder of public convenience to exercise eminent domain. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ ................... Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Collins ........................................................ Nay Mr. Polis ........................................................... ...................

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Buck ........................................................... Nay 

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 79 

Motion by Mr. Burgess to report the rule. Adopted: 7–3 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ ................... Ms. Slaughter .................................................. Nay 

Mr. Woodall ...................................................... Yea Mr. McGovern ................................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Collins ........................................................ Yea Mr. Polis ........................................................... ...................

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... ...................

Mr. Buck ........................................................... Yea 

Ms. Cheney ....................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

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SUMMARY OF THE AMENDMENTS TO H.R. 2910 IN PART A MADE IN

ORDER

1. Tsongas (MA), McGovern (MA), Beyer (VA): Shall not apply if 

any part of a pipeline facility that is a subject of the application 

is to be located on lands required under Federal, State, or local law 

to be managed for purposes of natural resource conservation or 

recreation. (10 minutes) 

2. Lynch (MA): Directs FERC, in considering an application for 

an authorization or certificate covered by the bill, to consult with 

the Administrator of the Transportation Security Administration 

regarding the extent of the applicant’s compliance with security 

guidance and best practice recommendations issued by TSA on 

pipeline infrastructure security, pipeline cybersecurity, pipeline 

personnel security, and other pipeline security measures designed 

to ensure the public safety. (10 minutes) 

3. Beyer (VA): Improves FERCs public comment and transparency process (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 2883 IN PART B MADE IN

ORDER

1. Engel (NY): Ensures that permitting authority for cross-border 

pipelines remains with the Department of State. (10 minutes) 

2. Tsongas (MA), McGovern (MA), Beyer (VA): States FERC may 

not issue a certificate of crossing if any part of the oil or natural 

gas pipeline project is to be located on lands required under Federal, State, or local law to be managed for purposes of natural resource conservation or recreation. (10 minutes) 

3. Veasey (TX): Clarifies the applicability of the National Environmental Policy Act of 1969 (NEPA) to projects affected by the 

bill. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 218 IN PART C MADE IN

ORDER

1. Tsongas (MA): Requires mitigation measures, previously 

adopted in P.L. 111–11, to ensure that impacts to migratory birds, 

wildlife, and wetlands are minimized. (10 minutes) 

2. Young, Don (AK): Amends section 7 to conform the text of H.R. 

218 with the Senate text, S. 101. (10 minutes) 

3. Grijalva (AZ): Prohibits the Act from taking effect until $20 

Million in federal funds given to Alaska for transportation purposes 

in King Cove is repaid to the Federal Government. (10 minutes) 

PART A—TEXT OF AMENDMENTS TO H.R. 2910 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TSONGAS

OF MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 12, after line 9, add the following: 

(h) LIMITATION ON APPLICATION.—This section shall not apply to 

any application for an authorization under section 3 of the Natural 

Gas Act or a certificate of public convenience and necessity under 

section 7 of such Act with respect to which any part of a pipeline 

facility that is a subject of the application is to be located on lands 

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required under Federal, State, or local law to be managed for purposes of natural resource conservation or recreation. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LYNCH OF

MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 12, after line 9, add the following: 

SEC. 3. PIPELINE SECURITY. 

In considering an application for an authorization under section 

3 of the Natural Gas Act or a certificate of public convenience and 

necessity under section 7 of such Act, 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 security, pipeline cybersecurity, pipeline personnel security, and other 

pipeline security measures. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BEYER OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 12, after line 9, add the following: 

(g) SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENTS.— 

(1) IN GENERAL.—In conducting a project-related NEPA review, the Commission shall prepare a supplement to a draft 

environmental impact statement or a final environmental impact statement if— 

(A) the Commission makes a substantial change in the 

proposed action that is relevant to environmental concerns; 

or 

(B) there are significant new circumstances or information relevant to environmental concerns and bearing on 

the application for authorization under section 3 of the 

Natural Gas Act or a certificate of public convenience and 

necessity under section 7 of such Act with respect to which 

the project-related NEPA review is being conducted, or its 

impacts. 

(2) MITIGATION PLANS.—In conducting a project-related 

NEPA review, if a draft environmental impact statement does 

not include information about mitigation plans for adverse impacts that cannot reasonably be avoided, the Commission shall 

prepare a supplement to the draft environmental impact statement that includes such information. 

PART B—TEXT OF AMENDMENTS TO H.R. 2883 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ENGEL OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, after line 16, insert the following: 

(i) the Secretary of State with respect to bordercrossing facilities consisting of oil pipelines; 

Page 2, line 17, strike ‘‘(i)’’ and insert ‘‘(ii)’’. 

Page 2, line 19, strike ‘‘oil or’’. 

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Page 2, line 21, strike ‘‘(ii)’’ and insert ‘‘(iii)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TSONGAS

OF MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, after line 14, insert the following: 

(D) ADDITIONAL REQUIREMENT FOR OIL AND NATURAL GAS

PIPELINE FACILITIES.—In the case of a request for a certificate of crossing for a border-crossing facility consisting of 

an oil or natural gas pipeline facility, the Federal Energy 

Regulatory Commission may not issue a certificate of 

crossing under subparagraph (A) if any part of the oil or 

natural gas pipeline project is to be located on lands required under Federal, State, or local law to be managed for 

purposes of natural resource conservation or recreation. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VEASEY OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, after line 3, insert the following: 

(D) SCOPE OF NEPA REVIEW.—Nothing in this Act, or the 

amendments made by this Act, shall affect the scope of 

any review required to be conducted under section 102 of 

the National Environmental Policy Act of 1969 with respect to a project for which a certificate of crossing for a 

border-crossing facility is requested under this subsection. 

PART C—TEXT OF AMENDMENTS TO H.R. 218 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TSONGAS

OF MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MIN- UTES

Page 6, after line 18, insert the following: 

SEC. 7. MITIGATION PLAN. 

The requirements related to mitigation under section 6403(e) of 

the Omnibus Public Land Management Act of 2009 (Public Law 

111–11; 123 Stat. 1180) shall apply to the road constructed in the 

road corridor. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF

ALASKA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, line 21, insert ‘‘(including the issuance of any permit that 

may be required from any Federal agency to construct the road)’’ 

after ‘‘under this Act’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRIJALVA

OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, after line 24, insert the following: 

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SEC. 8. TAXPAYER FAIRNESS. 

This Act shall not take effect until the State of Alaska has repaid 

to the United States the $20,000,000 in Federal funds appropriated 

and paid to the State of Alaska under section 353(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 

(Public Law 105–277). 

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