II 

113TH CONGRESS 

2D SESSION S. 2112 

To authorize the approval of natural gas pipelines and establish deadlines 

and expedite permits for certain natural gas gathering lines on Federal 

land and Indian land. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2014 

Mr. BARRASSO (for himself, Mr. HOEVEN, and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural 

gas gathering lines on Federal land and Indian land. 

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 ‘‘Natural Gas Gathering 

5 Enhancement Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) record volumes of natural gas production in 

9 the United States as of the date of enactment of this 


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1 Act are providing enormous benefits to the United 

2 States, including by— 

3 (A) reducing the need for imports of nat4 ural gas, thereby directly reducing the trade 

5 deficit; 

6 (B) strengthening trade ties among the 

7 United States, Canada, and Mexico; 

8 (C) providing the opportunity for the 

9 United States to join the emerging global gas 

10 trade through the export of liquefied natural 

11 gas; 

12 (D) creating and supporting millions of 

13 new jobs across the United States; 

14 (E) adding billions of dollars to the gross 

15 domestic product of the United States every 

16 year; 

17 (F) generating additional Federal, State, 

18 and local government tax revenues; and 

19 (G) revitalizing the manufacturing sector 

20 by providing abundant and affordable feedstock; 

21 (2) large quantities of natural gas are lost due 

22 to venting and flaring, primarily in areas where nat23 ural gas infrastructure has not been developed 

24 quickly enough, such as States with large quantities 

25 of Federal land and Indian land; 


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1 (3) permitting processes can hinder the develop2 ment of natural gas infrastructure, such as pipeline 

3 lines and gathering lines on Federal land and Indian 

4 land; and 

5 (4) additional authority for the Secretary of the 

6 Interior to approve natural gas pipelines and gath7 ering lines on Federal land and Indian land would— 

8 (A) assist in bringing gas to market that 

9 would otherwise be vented or flared; and 

10 (B) significantly increase royalties collected 

11 by the Secretary of the Interior and disbursed 

12 to Federal, State, and tribal governments and 

13 individual Indians. 

14 SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES. 

15 Section 1 of the Act of February 15, 1901 (31 Stat. 

16 790, chapter 372; 16 U.S.C. 79) is amended by inserting 

17 ‘‘, for natural gas pipelines’’ after ‘‘distribution of elec18 trical power’’. 

19 SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LO20 CATED ON FEDERAL LAND AND INDIAN 

21 LAND. 

22 (a) IN GENERAL.—Subtitle B of title III of the En23 ergy Policy Act of 2005 (Public Law 109–58; 119 Stat. 

24 685) is amended by adding at the end the following: 


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1 ‘‘SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LO2 CATED ON FEDERAL LAND AND INDIAN 

3 LAND. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) GAS GATHERING LINE AND ASSOCIATED

6 FIELD COMPRESSION UNIT.— 

7 ‘‘(A) IN GENERAL.—The term ‘gas gath8 ering line and associated field compression unit’ 

9 means— 

10 ‘‘(i) a pipeline that is installed to 

11 transport natural gas production associ12 ated with 1 or more wells drilled and com13 pleted to produce crude oil; and 

14 ‘‘(ii) if necessary, a compressor to 

15 raise the pressure of that transported nat16 ural gas to higher pressures suitable to en17 able the gas to flow into pipelines and 

18 other facilities. 

19 ‘‘(B) EXCLUSIONS.—The term ‘gas gath20 ering line and associated field compression unit’ 

21 does not include a pipeline or compression unit 

22 that is installed to transport natural gas from 

23 a processing plant to a common carrier pipeline 

24 or facility. 

25 ‘‘(2) FEDERAL LAND.— 


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1 ‘‘(A) IN GENERAL.—The term ‘Federal 

2 land’ means land the title to which is held by 

3 the United States. 

4 ‘‘(B) EXCLUSIONS.—The term ‘Federal 

5 land’ does not include— 

6 ‘‘(i) a unit of the National Park Sys7 tem; 

8 ‘‘(ii) a unit of the National Wildlife 

9 Refuge System; or 

10 ‘‘(iii) a component of the National 

11 Wilderness Preservation System. 

12 ‘‘(3) INDIAN LAND.—The term ‘Indian land’ 

13 means land the title to which is held by— 

14 ‘‘(A) the United States in trust for an In15 dian tribe or an individual Indian; or 

16 ‘‘(B) an Indian tribe or an individual In17 dian subject to a restriction by the United 

18 States against alienation. 

19 ‘‘(b) CERTAIN NATURAL GAS GATHERING LINES.— 

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

21 the issuance of a sundry notice or right-of-way for 

22 a gas gathering line and associated field compression 

23 unit that is located on Federal land or Indian land 

24 and that services any oil well shall be considered to 

25 be an action that is categorically excluded (as deVerDate Mar 15 2010 00:45 Mar 18, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2112.IS S2112

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1 fined in section 1508.4 of title 40, Code of Federal 

2 Regulations (as in effect on the date of enactment 

3 of this Act)) for purposes of the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

5 if the gas gathering line and associated field com6 pression unit are— 

7 ‘‘(A) within a field or unit for which an ap8 proved land use plan or an environmental docu9 ment prepared pursuant to the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.) analyzed transportation of natural gas 

12 produced from 1 or more oil wells in that field 

13 or unit as a reasonably foreseeable activity; and 

14 ‘‘(B) located adjacent to an existing dis15 turbed area for the construction of a road or 

16 pad. 

17 ‘‘(2) APPLICABILITY.— 

18 ‘‘(A) FEDERAL LAND.—Paragraph (1) 

19 shall not apply to Federal land, or a portion of 

20 Federal land, for which the Governor of the 

21 State in which the Federal land is located sub22 mits to the Secretary of the Interior or the Sec23 retary of Agriculture, as applicable, a written 

24 request that paragraph (1) not apply to that 

25 Federal land (or portion of Federal land). 


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1 ‘‘(B) INDIAN LAND.—Paragraph (1) shall 

2 apply to Indian land, or a portion of Indian 

3 land, for which the Indian tribe with jurisdic4 tion over the Indian land submits to the Sec5 retary of the Interior a written request that 

6 paragraph (1) apply to that Indian land (or 

7 portion of Indian land). 

8 ‘‘(c) EFFECT ON OTHER LAW.—Nothing in this sec9 tion affects or alters any requirement— 

10 ‘‘(1) relating to prior consent under— 

11 ‘‘(A) section 2 of the Act of February 5, 

12 1948 (25 U.S.C. 324); or 

13 ‘‘(B) section 16(e) of the Act of June 18, 

14 1934 (25 U.S.C. 476(e)) (commonly known as 

15 the ‘Indian Reorganization Act’); or 

16 ‘‘(2) under any other Federal law (including 

17 regulations) relating to tribal consent for rights-of18 way across Indian land.’’. 

19 (b) ASSESSMENTS.—Title XVIII of the Energy Policy 

20 Act of 2005 (Public Law 109–58; 119 Stat. 1122) is 

21 amended by adding at the end the following: 

22 ‘‘SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESS23 MENTS. 

24 ‘‘(a) DEFINITION OF GAS GATHERING LINE AND AS25 SOCIATED FIELD COMPRESSION UNIT.—In this section, 


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1 the term ‘gas gathering line and associated field compres2 sion unit’ has the meaning given the term in section 319. 

3 ‘‘(b) STUDY.—Not later than 1 year after the date 

4 of enactment of the Natural Gas Gathering Enhancement 

5 Act, the Secretary of the Interior, in consultation with 

6 other appropriate Federal agencies, States, and Indian 

7 tribes, shall conduct a study to identify— 

8 ‘‘(1) any actions that may be taken, under Fed9 eral law (including regulations), to expedite permit10 ting for gas gathering lines and associated field com11 pression units that are located on Federal land or 

12 Indian land, for the purpose of transporting natural 

13 gas associated with crude oil production on any land 

14 to a processing plant or a common carrier pipeline 

15 for delivery to markets; and 

16 ‘‘(2) any proposed changes to Federal law (in17 cluding regulations) to expedite permitting for gas 

18 gathering lines and associated field compression 

19 units that are located on Federal land or Indian 

20 land, for the purpose of transporting natural gas as21 sociated with crude oil production on any land to a 

22 processing plant or a common carrier pipeline for 

23 delivery to markets. 

24 ‘‘(c) REPORT.—Not later than 180 days after the 

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1 ment Act, and every 180 days thereafter, the Secretary 

2 of the Interior, in consultation with other appropriate Fed3 eral agencies, States, and Indian tribes, shall submit to 

4 Congress a report that describes— 

5 ‘‘(1) the progress made in expediting permits 

6 for gas gathering lines and associated field compres7 sion units that are located on Federal land or Indian 

8 land, for the purpose of transporting natural gas as9 sociated with crude oil production on any land to a 

10 processing plant or a common carrier pipeline for 

11 delivery to markets; and 

12 ‘‘(2) any issues impeding that progress.’’. 

13 (c) TECHNICAL AMENDMENTS.— 

14 (1) Section 1(b) of the Energy Policy Act of 

15 2005 (Public Law 109–58; 119 Stat. 594) is amend16 ed by adding at the end of subtitle B of title III the 

17 following: 

‘‘Sec. 319. Natural gas gathering lines located on Federal land and Indian 

land.’’. 

18 (2) Section 1(b) of the Energy Policy Act of 

19 2005 (Public Law 109–58; 119 Stat. 594) is amend20 ed by adding at the end of title XXVIII the fol21 lowing: 

‘‘Sec. 1841. Natural gas gathering system assessments.’’. 


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1 SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATH2 ERING LINES UNDER THE MINERAL LEASING 

3 ACT. 

4 Section 28 of the Mineral Leasing Act (30 U.S.C. 

5 185) is amended by adding at the end the following: 

6 ‘‘(z) NATURAL GAS GATHERING LINES.—The Sec7 retary of the Interior or other appropriate agency head 

8 shall issue a sundry notice or right-of-way for a gas gath9 ering line and associated field compression unit (as de10 fined in section 319(a) of the Energy Policy Act of 2005) 

11 that is located on Federal lands— 

12 ‘‘(1) for a gas gathering line and associated 

13 field compression unit described in section 319(b) of 

14 the Energy Policy Act of 2005, not later than 30 

15 days after the date on which the applicable agency 

16 head receives the request for issuance; and 

17 ‘‘(2) for all other gas gathering lines and asso18 ciated field compression units, not later than 60 

19 days after the date on which the applicable agency 

20 head receives the request for issuance.’’. 

21 SEC. 6. DEADLINES FOR PERMITTING NATURAL GAS GATH22 ERING LINES UNDER THE FEDERAL LAND 

23 POLICY AND MANAGEMENT ACT OF 1976. 

24 Section 504 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1764) is amended by adding 

26 at the end the following: 


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1 ‘‘(k) NATURAL GAS GATHERING LINES.—The Sec2 retary concerned shall issue a sundry notice or right-of3 way for a gas gathering line and associated field compres4 sion unit (as defined in section 319(a) of the Energy Pol5 icy Act of 2005) that is located on public lands— 

6 ‘‘(1) for a gas gathering line and associated 

7 field compression unit described in section 319(b) of 

8 the Energy Policy Act of 2005, not later than 30 

9 days after the date on which the applicable agency 

10 head receives the request for issuance; and 

11 ‘‘(2) for all other gas gathering lines and asso12 ciated field compression units, not later than 60 

13 days after the date on which the applicable agency 

14 head receives the request for issuance.’’. 

Æ 


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