I 

116TH CONGRESS 

2D SESSION H. R. 7878 

To bolster evaluation procedures in consideration of interstate natural gas 

pipelines in relation to National Scenic Trails, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2020 

Ms. KUSTER of New Hampshire (for herself, Mr. NEAL, Mr. MALINOWSKI, 

Mr. RASKIN, Mr. MCGOVERN, and Mr. RUIZ) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To bolster evaluation procedures in consideration of interstate natural gas pipelines in relation to National Scenic 

Trails, and for other purposes. 

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 ‘‘Scenic Trail Viewshed 

5 Protection Act’’. 

6 SEC. 2. FINDING. 

7 Congress finds that— 

8 (1) prior to issuing a certificate of public con9 venience and necessity under section 7 of the NatVerDate Sep 11 2014 04:06 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7878.IH H7878

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1 ural Gas Act (15 U.S.C. 717f) with respect to a 

2 pipeline for the transportation of natural gas that 

3 will cross a national scenic trail established under 

4 section 5 of the National Trails System Act (16 

5 U.S.C. 1244), the Federal Energy Regulatory Com6 mission should specifically consider the conservation 

7 and recreation value of the land impacted; and 

8 (2) if such certificate, or an action taken pursu9 ant to such certificate, is under court review, the 

10 court should consider the loss of any natural, cul11 tural, scenic, and recreational values in determining 

12 whether an overriding public need for such pipeline 

13 exists. 

14 SEC. 3. CERTIFICATES FOR PIPELINES THAT INTERSECT 

15 NATIONAL SCENIC TRAILS. 

16 (a) APPLICABILITY.— 

17 (1) PIPELINE.—This section applies with re18 spect to a pipeline for the transportation of natural 

19 gas that will— 

20 (A) intersect a trail described in paragraph 

21 (2); or 

22 (B) affect the surrounding radius of the 

23 viewshed of a trail described in paragraph (2), 

24 as determined as the result of a viewshed anal25 ysis performed and submitted to the Federal 


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1 Energy Regulatory Commission by the admin2 istering agency of the trail or its cooperative 

3 agreement designated partner. 

4 (2) TRAIL.—A trail described in this paragraph 

5 is a national scenic trail established under section 5 

6 of the National Trails System Act (16 U.S.C. 1244). 

7 (b) DETERMINATION.—The Federal Energy Regu8 latory Commission may issue a certificate of public con9 venience and necessity under section 7 of the Natural Gas 

10 Act (15 U.S.C. 717f) for a pipeline described in subsection 

11 (a)(1) only if the Commission determines that— 

12 (1) the pipeline is the only prudent and feasible 

13 alternative to meet an overriding public need; 

14 (2) the applicant, in order to result in no, or 

15 minimal, adverse effect to a trail described in sub16 section (a)(2) and the viewshed of such a trail, thor17 oughly considered, in this order, avoidance measures, 

18 minimization measures, mitigation measures, and 

19 enhancement measures, including alternative routes, 

20 expanding existing pipeline infrastructure, and poli21 cies to reduce energy demand in the region of need; 

22 (3) minimal road construction will be required 

23 to construct and operate the pipeline; 


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1 (4) construction of the pipeline will use the best 

2 available technology in order to minimize, as much 

3 as possible, the potential for leakage; 

4 (5) if the pipeline will intersect a trail described 

5 in subsection (a)(2), the pipeline will intersect the 

6 trail— 

7 (A) at a point that is already subject to 

8 significant impact, including an existing energy 

9 or transportation infrastructure crossing, or the 

10 applicant made a documented effort to consider 

11 such a route; and 

12 (B) only once and using the shortest path 

13 possible in crossing the trail; 

14 (6) the pipeline will not affect the surrounding 

15 viewshed of a trail described in subsection (a)(2) in 

16 an area that— 

17 (A) has been identified, through the 

18 viewshed analysis of the trail described in 

19 (a)(1)(B), as an area of high conservation, rec20 reational, or scenic value; 

21 (B) is a protected wilderness area, as de22 fined by the Wilderness Act of 1964, an old23 growth forest, or an alpine area; or 

24 (C) has an existing designated location for 

25 a shelter or campsite; 


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1 (7) construction techniques to be used for the 

2 pipeline will produce a minimal disturbance to any 

3 trail described in subsection (a)(2) and surrounding 

4 conserved lands; 

5 (8) the applicant has demonstrated plans for 

6 the ongoing maintenance and operation of the pipe7 line that ensures such maintenance and operation is 

8 done in a way that minimizes impact on any trail 

9 described in subsection (a)(2) that the pipeline will 

10 intersect, or the viewshed of which will be affected 

11 by the pipeline, and surrounding conserved lands; 

12 and 

13 (9) the applicant clearly acknowledges that it 

14 has an affirmative duty to— 

15 (A) protect any trail described in sub16 section (a)(2) that the pipeline will intersect, or 

17 the viewshed of which will be affected by the 

18 pipeline, and surrounding environment; and 

19 (B) ensure the health and safety of the 

20 public who use such trail and surrounding envi21 ronment. 

Æ 


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