II 

114TH CONGRESS 

1ST SESSION S. 1210 

To provide for the timely consideration of all licenses, permits, and approvals 

required under Federal law with respect to oil and gas production and 

distribution. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2015 

Mrs. CAPITO (for herself, Mr. CASSIDY, and Ms. HEITKAMP) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the timely consideration of all licenses, permits, and approvals required under Federal law with 

respect to oil and gas production and distribution. 

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 ‘‘Oil and Gas Produc5 tion and Distribution Reform Act of 2015’’. 

6 SEC. 2. FERC PROCESS COORDINATION WITH RESPECT TO 

7 REGULATORY APPROVAL OF OIL AND GAS 

8 PROJECTS. 

9 (a) DEFINITIONS.—In this section: 


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1 (1) AGENCY.—The term ‘‘agency’’ means a 

2 Federal or State agency or unit of local government 

3 identified under subsection (b). 

4 (2) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Energy Regulatory Commission. 

6 (3) FEDERAL AUTHORIZATION.— 

7 (A) IN GENERAL.—The term ‘‘Federal au8 thorization’’ means any authorization required 

9 under Federal law with respect to an applica10 tion for authorization or a certificate of public 

11 convenience and necessity relating to oil and 

12 gas production and distribution. 

13 (B) INCLUSIONS.—The term ‘‘Federal au14 thorization’’ includes any permits, special use 

15 authorizations, certifications, opinions, or other 

16 approvals as may be required under Federal law 

17 with respect to an application for authorization 

18 or a certificate of public convenience and neces19 sity relating to oil and gas production and dis20 tribution. 

21 (b) IDENTIFICATION.—As soon as practicable after 

22 an application for Federal authorization is submitted, the 

23 Commission shall identify each Federal or State agency 

24 or unit of local government that may consider an aspect 

25 of that application. 


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1 (c) INVITATION.— 

2 (1) IN GENERAL.—The Commission shall invite 

3 each agency identified under subsection (b) to co4 operate or participate in the review process for the 

5 application. 

6 (2) DEADLINE.—An invitation issued under 

7 paragraph (1) shall establish a deadline by which a 

8 response to the invitation shall be submitted, which 

9 may be extended by the Commission for good cause. 

10 (d) DEADLINE FOR FEDERAL AUTHORIZATION.— 

11 Each agency delegated the authority to review an aspect 

12 of the application under subsection (c)(1) shall make a 

13 final decision on the aspect of the Federal authorization 

14 under consideration by that agency by not later than 90 

15 days after the date on which the Commission issues the 

16 final environmental document of the Commission, unless 

17 a different schedule is otherwise established by Federal 

18 law. 

19 (e) DEFERENCE TO COMMISSION.—In making a deci20 sion with respect to a Federal authorization, each agency 

21 shall give deference, to the maximum extent authorized 

22 by law, to the scope of environmental review that the Com23 mission determines to be appropriate. 


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1 (f) CONCURRENT REVIEWS.—Each agency consid2 ering an aspect of an application for Federal authorization 

3 shall— 

4 (1) carry out the obligations of that agency 

5 under applicable law concurrently and in conjunction 

6 with the review required by the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

8 unless doing so would impair the ability of the agen9 cy to conduct needed analysis or otherwise carry out 

10 those obligations; 

11 (2) formulate and implement administrative, 

12 policy, and procedural mechanisms to enable the 

13 agency to complete the required Federal authoriza14 tions by the deadline described in subsection (d); 

15 and 

16 (3) transmit to the Commission a statement— 

17 (A) acknowledging notice of the deadline 

18 under subsection (d); and 

19 (B) describing the plan formulated under 

20 paragraph (2). 

21 (g) ISSUE IDENTIFICATION AND RESOLUTION.— 

22 (1) IDENTIFICATION.—Each agency considering 

23 an aspect of an application for Federal authorization 

24 shall identify, as soon as practicable, any issues of 


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1 concern that may delay or prevent the agency from 

2 granting the authorization. 

3 (2) ISSUE RESOLUTION MEETING.— 

4 (A) IN GENERAL.—On request of an agen5 cy or applicant, the Commission shall convene 

6 a meeting with the relevant agencies and the 

7 applicant to resolve any issues that may— 

8 (i) delay completion of the environ9 mental review document; or 

10 (ii) result in the denial of any Federal 

11 authorization. 

12 (B) MEETING DATE.—A meeting requested 

13 under subparagraph (A) shall be held not later 

14 than 21 days after the date on which the Com15 mission receives the request for the meeting, 

16 unless the Commission determines that there is 

17 good cause to extend the deadline. 

18 (C) NOTIFICATION.—On receipt of a re19 quest for a meeting under subparagraph (A), 

20 the Commission shall notify all relevant agen21 cies of— 

22 (i) the request for the meeting; 

23 (ii) the nature of the issue to be re24 solved; and 

25 (iii) the date for the meeting. 


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1 (3) ELEVATION OF ISSUE RESOLUTION.— 

2 (A) IN GENERAL.—If the issue is not re3 solved within 30 days after a meeting under 

4 this paragraph, the Commission shall forward 

5 for resolution the dispute to the heads of the 

6 relevant agencies. 

7 (B) INCLUSION.—In the case of a failure 

8 to achieve resolution by a State agency or unit 

9 of local government, the Commission shall for10 ward for resolution the dispute to the head of 

11 the Federal agency overseeing the delegated au12 thority. 

13 (h) FAILURE TO MEET DEADLINE.—If an agency 

14 does not complete a proceeding for an approval that is 

15 required for a Federal authorization by the deadline de16 scribed in subsection (d), the head of the relevant Federal 

17 agency (including, in the case of a failure by the State 

18 agency or unit of local government, the Federal agency 

19 overseeing the delegated authority) shall— 

20 (1) notify Congress and the Commission of the 

21 failure; and 

22 (2) describe in that notification an implementa23 tion plan to ensure completion. 

24 (i) APPLICATION PROCESSING.—The Commission 

25 may allow an applicant seeking Federal authorization to 


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1 fund a third-party contractor or Commission staff to as2 sist the Commission in reviewing the application. 

3 (j) ACCOUNTABILITY; TRANSPARENCY; EFFI4 CIENCY.— 

5 (1) IN GENERAL.—For applications requiring 

6 multiple Federal authorizations, the Commission, in 

7 consultation with any agency considering an aspect 

8 of the application, shall track and make available to 

9 the public on the website of the Commission infor10 mation relating to the actions required to complete 

11 permitting, reviews, and other requirements. 

12 (2) INCLUSIONS.—Information tracked under 

13 paragraph (1) shall include the following: 

14 (A) The deadline described in subsection 

15 (d). 

16 (B) A list of all the actions required by 

17 each applicable agency to complete permitting, 

18 reviews, and other requirements necessary to 

19 obtain a final decision on the Federal author20 ization. 

21 (C) The expected completion date for each 

22 action listed under subparagraph (B). 

23 (D) A point of contact at the agency ac24 countable for each action listed under subpara25 graph (B). 


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1 (E) In the event that an action is still 

2 pending as of the expected date of completion, 

3 a brief explanation of the reason for the delay. 

Æ 


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