II 

114TH CONGRESS 

1ST SESSION S. 411 

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 

FEBRUARY 9, 2015 

Mr. BARRASSO (for himself, Ms. HEITKAMP, Mr. ENZI, and Mr. HOEVEN) 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— 

21 (i) significantly increasing commercial 

22 demand for steel; and 

23 (ii) providing abundant and affordable 

24 feedstock; 


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1 (2) natural gas is lost due to venting and flar2 ing, primarily in areas where natural gas infrastruc3 ture has not been developed quickly enough, such as 

4 States with large quantities of Federal land and In5 dian land; 

6 (3) permitting processes can hinder the develop7 ment of natural gas infrastructure, such as pipeline 

8 lines and gathering lines on Federal land and Indian 

9 land; and 

10 (4) additional authority for the Secretary of the 

11 Interior to approve natural gas pipelines and gath12 ering lines on Federal land and Indian land would— 

13 (A) assist in bringing gas to market that 

14 would otherwise be vented or flared; and 

15 (B) significantly increase royalties collected 

16 by the Secretary of the Interior and disbursed 

17 to Federal, State, and tribal governments and 

18 individual Indians. 

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

20 Section 100902 of title 54, United States Code, is 

21 amended— 

22 (1) in subsection (a)(1)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘Under regulations’’ and in25 serting ‘‘Notwithstanding section 28 of the 


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1 Mineral Leasing Act (30 U.S.C. 185), under 

2 regulations’’; 

3 (B) in subparagraph (B), by striking 

4 ‘‘and’’ at the end; 

5 (C) in subparagraph (C), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(D) natural gas pipelines.’’; and 

9 (2) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (B), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (C), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(D) natural gas pipelines.’’; 

19 (B) in paragraph (2), in the matter pre20 ceding subparagraph (A), by striking ‘‘A right 

21 of way under’’ and inserting ‘‘Except as pro22 vided in paragraph (5), a right-of-way granted 

23 under’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(5) RIGHT-OF-WAY FOR NATURAL GAS PIPE2 LINES.—Notwithstanding paragraph (2), a right-of3 way granted under paragraph (1)(D) shall— 

4 ‘‘(A) be for a term of not more than 30 

5 years; and 

6 ‘‘(B) not exceed 50 feet in width after con7 struction of the natural gas pipeline.’’. 

8 SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LO9 CATED ON FEDERAL LAND AND INDIAN 

10 LAND. 

11 (a) IN GENERAL.—Subtitle B of title III of the En12 ergy Policy Act of 2005 (Public Law 109–58; 119 Stat. 

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

14 ‘‘SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LO15 CATED ON FEDERAL LAND AND INDIAN 

16 LAND. 

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

18 ‘‘(1) GAS GATHERING LINE AND ASSOCIATED

19 FIELD COMPRESSION UNIT.— 

20 ‘‘(A) IN GENERAL.—The term ‘gas gath21 ering line and associated field compression unit’ 

22 means— 

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

24 transport natural gas production associVerDate Sep 11 2014 21:36 Feb 17, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S411.IS S411

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1 ated with 1 or more wells drilled and com2 pleted to produce oil or gas; and 

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

4 raise the pressure of that transported nat5 ural gas to higher pressures suitable to en6 able the gas to flow into pipelines and 

7 other facilities. 

8 ‘‘(B) EXCLUSIONS.—The term ‘gas gath9 ering line and associated field compression unit’ 

10 does not include a pipeline or compression unit 

11 that is installed to transport natural gas from 

12 a processing plant to a common carrier pipeline 

13 or facility. 

14 ‘‘(2) FEDERAL LAND.— 

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

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

17 the United States. 

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

19 land’ does not include— 

20 ‘‘(i) a unit of the National Park Sys21 tem; 

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

23 Refuge System; 

24 ‘‘(iii) a component of the National 

25 Wilderness Preservation System; or 


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1 ‘‘(iv) Indian land. 

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

3 means land the title to which is held by— 

4 ‘‘(A) the United States in trust for an In5 dian tribe or an individual Indian; or 

6 ‘‘(B) an Indian tribe or an individual In7 dian subject to a restriction by the United 

8 States against alienation. 

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

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

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

12 a gas gathering line and associated field compression 

13 unit that is located on Federal land or Indian land 

14 and that services any oil or gas well shall be consid15 ered to be an action that is categorically excluded 

16 (as defined in section 1508.4 of title 40, Code of 

17 Federal Regulations (as in effect on the date of en18 actment of this Act)) for purposes of the National 

19 Environmental Policy Act of 1969 (42 U.S.C. 4321 

20 et seq.) if the gas gathering line and associated field 

21 compression unit are— 

22 ‘‘(A) within a field or unit for which an ap23 proved land use plan or an environmental docu24 ment prepared pursuant to the National Envi25 ronmental Policy Act of 1969 (42 U.S.C. 4321 


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1 et seq.) analyzed transportation of natural gas 

2 produced from 1 or more oil or gas wells in that 

3 field or unit as a reasonably foreseeable activ4 ity; and 

5 ‘‘(B) located adjacent to or within— 

6 ‘‘(i) any existing disturbed area; or 

7 ‘‘(ii) an existing corridor for a right8 of-way. 

9 ‘‘(2) APPLICABILITY.—Paragraph (1) shall 

10 apply to Indian land, or a portion of Indian land, for 

11 which the Indian tribe with jurisdiction over the In12 dian land submits to the Secretary of the Interior a 

13 written request that paragraph (1) apply to that In14 dian land (or portion of Indian land). 

15 ‘‘(c) EFFECT ON OTHER LAW.—Nothing in this sec16 tion affects or alters any requirement— 

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

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

19 1948 (25 U.S.C. 324); or 

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

21 1934 (25 U.S.C. 476(e)) (commonly known as 

22 the ‘Indian Reorganization Act’); 

23 ‘‘(2) under section 106 of the National Historic 

24 Preservation Act (16 U.S.C. 470f); or 


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1 ‘‘(3) under any other Federal law (including 

2 regulations) relating to tribal consent for rights-of3 way across Indian land.’’. 

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

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

6 amended by adding at the end the following: 

7 ‘‘SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESS8 MENTS. 

9 ‘‘(a) DEFINITION OF GAS GATHERING LINE AND AS10 SOCIATED FIELD COMPRESSION UNIT.—In this section, 

11 the term ‘gas gathering line and associated field compres12 sion unit’ has the meaning given the term in section 319. 

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

14 of enactment of the Natural Gas Gathering Enhancement 

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

16 other appropriate Federal agencies, States, and Indian 

17 tribes, shall submit to the Committee on Energy and Nat18 ural Resources of the Senate and the Committee on Nat19 ural Resources of the House of Representatives a study 

20 identifying— 

21 ‘‘(1) any actions that may be taken, under Fed22 eral law (including regulations), to expedite permit23 ting for gas gathering lines and associated field com24 pression units that are located on Federal land or 

25 Indian land, for the purpose of transporting natural 


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1 gas associated with oil and gas production on any 

2 land to a processing plant or a common carrier pipe3 line for delivery to markets; and 

4 ‘‘(2) any proposed changes to Federal law (in5 cluding regulations) to expedite permitting for gas 

6 gathering lines and associated field compression 

7 units that are located on Federal land, for the pur8 pose of transporting natural gas associated with oil 

9 and gas production on any land to a processing 

10 plant or a common carrier pipeline for delivery to 

11 markets. 

12 ‘‘(c) REPORT.—Not later than 1 year after the date 

13 of enactment of the Natural Gas Gathering Enhancement 

14 Act, and every 1 year thereafter, the Secretary of the Inte15 rior, in consultation with other appropriate Federal agen16 cies, States, and Indian tribes, shall submit to the Com17 mittee on Energy and Natural Resources of the Senate 

18 and the Committee on Natural Resources of the House 

19 of Representatives a report that describes— 

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

21 for gas gathering lines and associated field compres22 sion units that are located on Federal land or Indian 

23 land, for the purpose of transporting natural gas as24 sociated with oil and gas production on any land to 


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1 a processing plant or a common carrier pipeline for 

2 delivery to markets; and 

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

4 (c) TECHNICAL AMENDMENTS.— 

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

6 2005 (Public Law 109–58; 119 Stat. 594) is amend7 ed by adding at the end of subtitle B of title III the 

8 following: 

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

land.’’. 

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

10 2005 (Public Law 109–58; 119 Stat. 594) is amend11 ed by adding at the end of title XXVIII the fol12 lowing: 

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

13 SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATH14 ERING LINES UNDER THE MINERAL LEASING 

15 ACT. 

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

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

18 ‘‘(z) NATURAL GAS GATHERING LINES.—The Sec19 retary of the Interior or other appropriate agency head 

20 shall issue a sundry notice or right-of-way for a gas gath21 ering line and associated field compression unit (as de22 fined in section 319(a) of the Energy Policy Act of 2005) 

23 that is located on Federal land not later than 90 days 


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1 after the date on which the applicable agency head receives 

2 the request for issuance unless the Secretary or agency 

3 head finds that the sundry notice or right-of-way would 

4 violate the National Historic Preservation Act (16 U.S.C. 

5 470 et seq.) or the Endangered Species Act of 1973 (16 

6 U.S.C. 1531 et seq.).’’. 

Æ 


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