IB 

Union Calendar No. 15 

118TH CONGRESS 

1ST SESSION H. R. 1115 

[Report No. 118–23] 

To provide for Federal and State agency coordination in the approval of 

certain authorizations under the Natural Gas Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2023 

Mr. BURGESS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

MARCH 23, 2023 

Additional sponsors: Mrs. MILLER-MEEKS, Mr. DUNCAN, Mr. CURTIS, and 

Mr. BUCSHON

MARCH 23, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 21, 2023] 


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A BILL 

To provide for Federal and State agency coordination in 

the approval of certain authorizations under the Natural 

Gas Act, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Interagency 

5 Coordination for Review of Natural Gas Pipelines Act’’. 

6 SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS 

7 PIPELINE PROJECTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Energy Regulatory Commission. 

11 (2) FEDERAL AUTHORIZATION.—The term ‘‘Fed12 eral authorization’’ has the meaning given that term 

13 in section 15(a) of the Natural Gas Act (15 U.S.C. 

14 717n(a)). 

15 (3) NEPA REVIEW.—The term ‘‘NEPA review’’ 

16 means the process of reviewing a proposed Federal ac17 tion under section 102 of the National Environmental 

18 Policy Act of 1969 (42 U.S.C. 4332). 

19 (4) PROJECT-RELATED NEPA REVIEW.—The term 

20 ‘‘project-related NEPA review’’ means any NEPA re21 view required to be conducted with respect to the 

22 issuance of an authorization under section 3 of the 

23 Natural Gas Act or a certificate of public convenience 

24 and necessity under section 7 of such Act. 


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1 (b) COMMISSION NEPA REVIEW RESPONSIBILITIES.— 

2 In acting as the lead agency under section 15(b)(1) of the 

3 Natural Gas Act for the purposes of complying with the 

4 National Environmental Policy Act of 1969 (42 U.S.C. 

5 4321 et seq.) with respect to an authorization under section 

6 3 of the Natural Gas Act or a certificate of public conven7 ience and necessity under section 7 of such Act, the Commis8 sion shall, in accordance with this section and other appli9 cable Federal law— 

10 (1) be the only lead agency; 

11 (2) coordinate as early as practicable with each 

12 agency designated as a participating agency under 

13 subsection (d)(3) to ensure that the Commission devel14 ops information in conducting its project-related 

15 NEPA review that is usable by the participating 

16 agency in considering an aspect of an application for 

17 a Federal authorization for which the agency is re18 sponsible; and 

19 (3) take such actions as are necessary and prop20 er to facilitate the expeditious resolution of its project21 related NEPA review. 

22 (c) DEFERENCE TO COMMISSION.—In making a deci23 sion with respect to a Federal authorization required with 

24 respect to an application for authorization under section 

25 3 of the Natural Gas Act or a certificate of public convenVerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115

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1 ience and necessity under section 7 of such Act, each agency 

2 shall give deference, to the maximum extent authorized by 

3 law, to the scope of the project-related NEPA review that 

4 the Commission determines to be appropriate. 

5 (d) PARTICIPATING AGENCIES.— 

6 (1) IDENTIFICATION.—The Commission shall 

7 identify, not later than 30 days after the Commission 

8 receives an application for an authorization under 

9 section 3 of the Natural Gas Act or a certificate of 

10 public convenience and necessity under section 7 of 

11 such Act, any Federal or State agency, local govern12 ment, or Indian Tribe that may issue a Federal au13 thorization or is required by Federal law to consult 

14 with the Commission in conjunction with the issuance 

15 of a Federal authorization required for such author16 ization or certificate. 

17 (2) INVITATION.— 

18 (A) IN GENERAL.—Not later than 45 days 

19 after the Commission receives an application for 

20 an authorization under section 3 of the Natural 

21 Gas Act or a certificate of public convenience 

22 and necessity under section 7 of such Act, the 

23 Commission shall invite any agency identified 

24 under paragraph (1) to participate in the review 

25 process for the applicable Federal authorization. 


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1 (B) DEADLINE.—An invitation issued 

2 under subparagraph (A) shall establish a dead3 line by which a response to the invitation shall 

4 be submitted to the Commission, which may be 

5 extended by the Commission for good cause. 

6 (3) DESIGNATION AS PARTICIPATING AGEN7 CIES.—Not later than 60 days after the Commission 

8 receives an application for an authorization under 

9 section 3 of the Natural Gas Act or a certificate of 

10 public convenience and necessity under section 7 of 

11 such Act, the Commission shall designate an agency 

12 identified under paragraph (1) as a participating 

13 agency with respect to an application for authoriza14 tion under section 3 of the Natural Gas Act or a cer15 tificate of public convenience and necessity under sec16 tion 7 of such Act unless the agency informs the Com17 mission, in writing, by the deadline established pur18 suant to paragraph (2)(B), that the agency— 

19 (A) has no jurisdiction or authority with 

20 respect to the applicable Federal authorization; 

21 (B) has no special expertise or information 

22 relevant to any project-related NEPA review; or 

23 (C) does not intend to submit comments for 

24 the record for the project-related NEPA review 

25 conducted by the Commission. 


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1 (4) EFFECT OF NON-DESIGNATION.— 

2 (A) EFFECT ON AGENCY.—Any agency that 

3 is not designated as a participating agency 

4 under paragraph (3) with respect to an applica5 tion for an authorization under section 3 of the 

6 Natural Gas Act or a certificate of public con7 venience and necessity under section 7 of such 

8 Act may not request or conduct a NEPA review 

9 that is supplemental to the project-related NEPA 

10 review conducted by the Commission, unless the 

11 agency— 

12 (i) demonstrates that such review is le13 gally necessary for the agency to carry out 

14 responsibilities in considering an aspect of 

15 an application for a Federal authorization; 

16 and 

17 (ii) requires information that could not 

18 have been obtained during the project-re19 lated NEPA review conducted by the Com20 mission. 

21 (B) COMMENTS; RECORD.—The Commission 

22 shall not, with respect to an agency that is not 

23 designated as a participating agency under 

24 paragraph (3) with respect to an application for 

25 an authorization under section 3 of the Natural 


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1 Gas Act or a certificate of public convenience 

2 and necessity under section 7 of such Act— 

3 (i) consider any comments or other in4 formation submitted by such agency for the 

5 project-related NEPA review conducted by 

6 the Commission; or 

7 (ii) include any such comments or 

8 other information in the record for such 

9 project-related NEPA review. 

10 (e) WATER QUALITY IMPACTS.— 

11 (1) IN GENERAL.—Notwithstanding section 401 

12 of the Federal Water Pollution Control Act (33 U.S.C. 

13 1341), an applicant for a Federal authorization shall 

14 not be required to provide a certification under such 

15 section with respect to the Federal authorization. 

16 (2) COORDINATION.—With respect to any NEPA 

17 review for a Federal authorization to conduct an ac18 tivity that will directly result in a discharge into the 

19 navigable waters (within the meaning of the Federal 

20 Water Pollution Control Act), the Commission shall 

21 identify as an agency under subsection (d)(1) the 

22 State in which the discharge originates or will origi23 nate, or, if appropriate, the interstate water pollution 

24 control agency having jurisdiction over the navigable 


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1 waters at the point where the discharge originates or 

2 will originate. 

3 (3) PROPOSED CONDITIONS.—A State or inter4 state agency designated as a participating agency 

5 pursuant to paragraph (2) may propose to the Com6 mission terms or conditions for inclusion in an au7 thorization under section 3 of the Natural Gas Act or 

8 a certificate of public convenience and necessity under 

9 section 7 of such Act that the State or interstate agen10 cy determines are necessary to ensure that any activ11 ity described in paragraph (2) conducted pursuant to 

12 such authorization or certification will comply with 

13 the applicable provisions of sections 301, 302, 303, 

14 306, and 307 of the Federal Water Pollution Control 

15 Act. 

16 (4) COMMISSION CONSIDERATION OF CONDI17 TIONS.—The Commission may include a term or con18 dition in an authorization under section 3 of the Nat19 ural Gas Act or a certificate of public convenience 

20 and necessity under section 7 of such Act proposed by 

21 a State or interstate agency under paragraph (3) 

22 only if the Commission finds that the term or condi23 tion is necessary to ensure that any activity described 

24 in paragraph (2) conducted pursuant to such author25 ization or certification will comply with the applicaVerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115

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1 ble provisions of sections 301, 302, 303, 306, and 307 

2 of the Federal Water Pollution Control Act. 

3 (f) SCHEDULE.— 

4 (1) DEADLINE FOR FEDERAL AUTHORIZA5 TIONS.—A deadline for a Federal authorization re6 quired with respect to an application for authoriza7 tion under section 3 of the Natural Gas Act or a cer8 tificate of public convenience and necessity under sec9 tion 7 of such Act set by the Commission under sec10 tion 15(c)(1) of such Act shall be not later than 90 

11 days after the Commission completes its project-re12 lated NEPA review, unless an applicable schedule is 

13 otherwise established by Federal law. 

14 (2) CONCURRENT REVIEWS.—Each Federal and 

15 State agency— 

16 (A) that may consider an application for a 

17 Federal authorization required with respect to 

18 an application for authorization under section 3 

19 of the Natural Gas Act or a certificate of public 

20 convenience and necessity under section 7 of such 

21 Act shall formulate and implement a plan for 

22 administrative, policy, and procedural mecha23 nisms to enable the agency to ensure completion 

24 of Federal authorizations in compliance with 


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1 schedules established by the Commission under 

2 section 15(c)(1) of such Act; and 

3 (B) in considering an aspect of an applica4 tion for a Federal authorization required with 

5 respect to an application for authorization under 

6 section 3 of the Natural Gas Act or a certificate 

7 of public convenience and necessity under section 

8 7 of such Act, shall— 

9 (i) formulate and implement a plan to 

10 enable the agency to comply with the sched11 ule established by the Commission under 

12 section 15(c)(1) of such Act; 

13 (ii) carry out the obligations of that 

14 agency under applicable law concurrently, 

15 and in conjunction with, the project-related 

16 NEPA review conducted by the Commission, 

17 and in compliance with the schedule estab18 lished by the Commission under section 

19 15(c)(1) of such Act, unless the agency noti20 fies the Commission in writing that doing 

21 so would impair the ability of the agency to 

22 conduct needed analysis or otherwise carry 

23 out such obligations; 

24 (iii) transmit to the Commission a 

25 statement— 


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1 (I) acknowledging receipt of the 

2 schedule established by the Commission 

3 under section 15(c)(1) of the Natural 

4 Gas Act; and 

5 (II) setting forth the plan formu6 lated under clause (i) of this subpara7 graph; 

8 (iv) not later than 30 days after the 

9 agency receives such application for a Fed10 eral authorization, transmit to the appli11 cant a notice— 

12 (I) indicating whether such appli13 cation is ready for processing; and 

14 (II) if such application is not 

15 ready for processing, that includes a 

16 comprehensive description of the infor17 mation needed for the agency to deter18 mine that the application is ready for 

19 processing; 

20 (v) determine that such application for 

21 a Federal authorization is ready for proc22 essing for purposes of clause (iv) if such ap23 plication is sufficiently complete for the 

24 purposes of commencing consideration, re25 gardless of whether supplemental informaVerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115

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1 tion is necessary to enable the agency to 

2 complete the consideration required by law 

3 with respect to such application; and 

4 (vi) not less often than once every 90 

5 days, transmit to the Commission a report 

6 describing the progress made in considering 

7 such application for a Federal authoriza8 tion. 

9 (3) FAILURE TO MEET DEADLINE.—If a Federal 

10 or State agency, including the Commission, fails to 

11 meet a deadline for a Federal authorization set forth 

12 in the schedule established by the Commission under 

13 section 15(c)(1) of the Natural Gas Act, not later than 

14 5 days after such deadline, the head of the relevant 

15 Federal agency (including, in the case of a failure by 

16 a State agency, the Federal agency overseeing the del17 egated authority) shall notify Congress and the Com18 mission of such failure and set forth a recommended 

19 implementation plan to ensure completion of the ac20 tion to which such deadline applied. 

21 (g) CONSIDERATION OF APPLICATIONS FOR FEDERAL

22 AUTHORIZATION.— 

23 (1) ISSUE IDENTIFICATION AND RESOLUTION.— 

24 (A) IDENTIFICATION.—Federal and State 

25 agencies that may consider an aspect of an apVerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115

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1 plication for a Federal authorization shall iden2 tify, as early as possible, any issues of concern 

3 that may delay or prevent an agency from work4 ing with the Commission to resolve such issues 

5 and granting such authorization. 

6 (B) ISSUE RESOLUTION.—The Commission 

7 may forward any issue of concern identified 

8 under subparagraph (A) to the heads of the rel9 evant agencies (including, in the case of an issue 

10 of concern that is a failure by a State agency, 

11 the Federal agency overseeing the delegated au12 thority, if applicable) for resolution. 

13 (2) REMOTE SURVEYS.—If a Federal or State 

14 agency considering an aspect of an application for a 

15 Federal authorization requires the person applying 

16 for such authorization to submit data, the agency 

17 shall consider any such data gathered by aerial or 

18 other remote means that the person submits. The 

19 agency may grant a conditional approval for the Fed20 eral authorization based on data gathered by aerial or 

21 remote means, conditioned on the verification of such 

22 data by subsequent onsite inspection. 

23 (3) APPLICATION PROCESSING.—The Commis24 sion, and Federal and State agencies, may allow a 

25 person applying for a Federal authorization to fund 


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1 a third-party contractor to assist in reviewing the ap2 plication for such authorization. 

3 (h) ACCOUNTABILITY, TRANSPARENCY, EFFICIENCY.— 

4 For an application for an authorization under section 3 

5 of the Natural Gas Act or a certificate of public convenience 

6 and necessity under section 7 of such Act that requires mul7 tiple Federal authorizations, the Commission, with input 

8 from any Federal or State agency considering an aspect 

9 of the application, shall track and make available to the 

10 public on the Commission’s website information related to 

11 the actions required to complete the Federal authorizations. 

12 Such information shall include the following: 

13 (1) The schedule established by the Commission 

14 under section 15(c)(1) of the Natural Gas Act. 

15 (2) A list of all the actions required by each ap16 plicable agency to complete permitting, reviews, and 

17 other actions necessary to obtain a final decision on 

18 the application. 

19 (3) The expected completion date for each such 

20 action. 

21 (4) A point of contact at the agency responsible 

22 for each such action. 

23 (5) In the event that an action is still pending 

24 as of the expected date of completion, a brief expla25 nation of the reasons for the delay. 


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1 SEC. 3. PIPELINE SECURITY. 

2 In considering an application for an authorization 

3 under section 3 of the Natural Gas Act or a certificate of 

4 public convenience and necessity under section 7 of such 

5 Act, the Federal Energy Regulatory Commission shall con6 sult with the Administrator of the Transportation Security 

7 Administration regarding the applicant’s compliance with 

8 security guidance and best practice recommendations of the 

9 Administration regarding pipeline infrastructure security, 

10 pipeline cybersecurity, pipeline personnel security, and 

11 other pipeline security measures. 


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Union Calendar No. 15 

118TH CONGRESS 

1ST SESSION H. R. 1115 

[Report No. 118–23] 

A BILL 

To provide for Federal and State agency coordinaposes. under the Natural Gas Act, and for other pur- tion in the approval of certain authorizations 

MARCH 23, 2023 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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