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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 411 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Natural Gas Gathering Enhancement 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) record volumes of natural gas production in the United 
        States as of the date of enactment of this Act are providing 
        enormous benefits to the United States, including by--
                    (A) reducing the need for imports of natural gas, 
                thereby directly reducing the trade deficit;
                    (B) strengthening trade ties among the United 
                States, Canada, and Mexico;
                    (C) providing the opportunity for the United States 
                to join the emerging global gas trade through the 
                export of liquefied natural gas;
                    (D) creating and supporting millions of new jobs 
                across the United States;
                    (E) adding billions of dollars to the gross 
                domestic product of the United States every year;
                    (F) generating additional Federal, State, and local 
                government tax revenues; and
                    (G) revitalizing the manufacturing sector by--
                            (i) significantly increasing commercial 
                        demand for steel; and
                            (ii) providing abundant and affordable 
                        feedstock;
            (2) natural gas is lost due to venting and flaring, 
        primarily in areas where natural gas infrastructure has not 
        been developed quickly enough, such as States with large 
        quantities of Federal land and Indian land;
            (3) permitting processes can hinder the development of 
        natural gas infrastructure, such as pipeline lines and 
        gathering lines on Federal land and Indian land; and
            (4) additional authority for the Secretary of the Interior 
        to approve natural gas pipelines and gathering lines on Federal 
        land and Indian land would--
                    (A) assist in bringing gas to market that would 
                otherwise be vented or flared; and
                    (B) significantly increase royalties collected by 
                the Secretary of the Interior and disbursed to Federal, 
                State, and tribal governments and individual Indians.

SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES.

    Section 100902 of title 54, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Under regulations'' and inserting 
                ``Notwithstanding section 28 of the Mineral Leasing Act 
                (30 U.S.C. 185), under regulations'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) natural gas pipelines.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) natural gas pipelines.'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``A right of way under'' 
                and inserting ``Except as provided in paragraph (5), a 
                right-of-way granted under''; and
                    (C) by adding at the end the following:
            ``(5) Right-of-way for natural gas pipelines.--
        Notwithstanding paragraph (2), a right-of-way granted under 
        paragraph (1)(D) shall--
                    ``(A) be for a term of not more than 30 years; and
                    ``(B) not exceed 50 feet in width after 
                construction of the natural gas pipeline.''.

SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND 
              INDIAN LAND.

    (a) In General.--Subtitle B of title III of the Energy Policy Act 
of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the 
end the following:

``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND 
              AND INDIAN LAND.

    ``(a) Definitions.--In this section:
            ``(1) Gas gathering line and associated field compression 
        unit.--
                    ``(A) In general.--The term `gas gathering line and 
                associated field compression unit' means--
                            ``(i) a pipeline that is installed to 
                        transport natural gas production associated 
                        with 1 or more wells drilled and completed to 
                        produce oil or gas; and
                            ``(ii) if necessary, a compressor to raise 
                        the pressure of that transported natural gas to 
                        higher pressures suitable to enable the gas to 
                        flow into pipelines and other facilities.
                    ``(B) Exclusions.--The term `gas gathering line and 
                associated field compression unit' does not include a 
                pipeline or compression unit that is installed to 
                transport natural gas from a processing plant to a 
                common carrier pipeline or facility.
            ``(2) Federal land.--
                    ``(A) In general.--The term `Federal land' means 
                land the title to which is held by the United States.
                    ``(B) Exclusions.--The term `Federal land' does not 
                include--
                            ``(i) a unit of the National Park System;
                            ``(ii) a unit of the National Wildlife 
                        Refuge System;
                            ``(iii) a component of the National 
                        Wilderness Preservation System; or
                            ``(iv) Indian land.
            ``(3) Indian land.--The term `Indian land' means land the 
        title to which is held by--
                    ``(A) the United States in trust for an Indian 
                tribe or an individual Indian; or
                    ``(B) an Indian tribe or an individual Indian 
                subject to a restriction by the United States against 
                alienation.
    ``(b) Certain Natural Gas Gathering Lines.--
            ``(1) In general.--Subject to paragraph (2), the issuance 
        of a sundry notice or right-of-way for a gas gathering line and 
        associated field compression unit that is located on Federal 
        land or Indian land and that services any oil or gas well shall 
        be considered to be an action that is categorically excluded 
        (as defined in section 1508.4 of title 40, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act)) for purposes of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and 
        associated field compression unit are--
                    ``(A) within a field or unit for which an approved 
                land use plan or an environmental document prepared 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) analyzed transportation 
                of natural gas produced from 1 or more oil or gas wells 
                in that field or unit as a reasonably foreseeable 
                activity; and
                    ``(B) located adjacent to or within--
                            ``(i) any existing disturbed area; or
                            ``(ii) an existing corridor for a right-of-
                        way.
            ``(2) Applicability.--Paragraph (1) shall apply to Indian 
        land, or a portion of Indian land, for which the Indian tribe 
        with jurisdiction over the Indian land submits to the Secretary 
        of the Interior a written request that paragraph (1) apply to 
        that Indian land (or portion of Indian land).
    ``(c) Effect on Other Law.--Nothing in this section affects or 
alters any requirement--
            ``(1) relating to prior consent under--
                    ``(A) section 2 of the Act of February 5, 1948 (25 
                U.S.C. 324); or
                    ``(B) section 16(e) of the Act of June 18, 1934 (25 
                U.S.C. 476(e)) (commonly known as the `Indian 
                Reorganization Act');
            ``(2) under section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f); or
            ``(3) under any other Federal law (including regulations) 
        relating to tribal consent for rights-of-way across Indian 
        land.''.
    (b) Assessments.--Title XVIII of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the 
following:

``SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS.

    ``(a) Definition of Gas Gathering Line and Associated Field 
Compression Unit.--In this section, the term `gas gathering line and 
associated field compression unit' has the meaning given the term in 
section 319.
    ``(b) Study.--Not later than 1 year after the date of enactment of 
the Natural Gas Gathering Enhancement Act, the Secretary of the 
Interior, in consultation with other appropriate Federal agencies, 
States, and Indian tribes, shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a study identifying--
            ``(1) any actions that may be taken, under Federal law 
        (including regulations), to expedite permitting for gas 
        gathering lines and associated field compression units that are 
        located on Federal land or Indian land, for the purpose of 
        transporting natural gas associated with oil and gas production 
        on any land to a processing plant or a common carrier pipeline 
        for delivery to markets; and
            ``(2) any proposed changes to Federal law (including 
        regulations) to expedite permitting for gas gathering lines and 
        associated field compression units that are located on Federal 
        land, for the purpose of transporting natural gas associated 
        with oil and gas production on any land to a processing plant 
        or a common carrier pipeline for delivery to markets.
    ``(c) Report.--Not later than 1 year after the date of enactment of 
the Natural Gas Gathering Enhancement Act, and every 1 year thereafter, 
the Secretary of the Interior, in consultation with other appropriate 
Federal agencies, States, and Indian tribes, shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that describes--
            ``(1) the progress made in expediting permits for gas 
        gathering lines and associated field compression units that are 
        located on Federal land or Indian land, for the purpose of 
        transporting natural gas associated with oil and gas production 
        on any land to a processing plant or a common carrier pipeline 
        for delivery to markets; and
            ``(2) any issues impeding that progress.''.
    (c) Technical Amendments.--
            (1) Section 1(b) of the Energy Policy Act of 2005 (Public 
        Law 109-58; 119 Stat. 594) is amended by adding at the end of 
        subtitle B of title III the following:

``Sec. 319. Natural gas gathering lines located on Federal land and 
                            Indian land.''.
            (2) Section (1)(b) of the Energy Policy Act of 2005 (Public 
        Law 109-58; 119 Stat. 594) is amended by adding at the end of 
        title XXVIII the following:

``Sec. 1841. Natural gas gathering system assessments.''.

SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE 
              MINERAL LEASING ACT.

    Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by 
adding at the end the following:
    ``(z) Natural Gas Gathering Lines.--The Secretary of the Interior 
or other appropriate agency head shall issue a sundry notice or right-
of-way for a gas gathering line and associated field compression unit 
(as defined in section 319(a) of the Energy Policy Act of 2005) that is 
located on Federal land not later than 90 days after the date on which 
the applicable agency head receives the request for issuance unless the 
Secretary or agency head finds that the sundry notice or right-of-way 
would violate the National Historic Preservation Act (16 U.S.C. 470 et 
seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).''.
                                 <all>
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