Promoting Interagency Coordination for Review of Natural Gas Projects Act

To provide for coordination by the Federal Energy Regulatory Commission of the process for reviewing certain natural gas projects under the jurisdiction of the Commission, and for other purposes. 1. Short title This Act may be cited as the Promoting Interagency Coordination for Review of Natural Gas Projects Act 2. FERC process coordination for natural gas projects (a) Definitions In this section: (1) Certificate of public convenience and necessity The term certificate of public convenience and necessity 15 U.S.C. 717f (2) Commission The term Commission (3) Federal authorization The term Federal authorization 15 U.S.C. 717n(a) (4) NEPA review The term NEPA review 42 U.S.C. 4332 (5) Project-related NEPA review The term project-related NEPA review (A) an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (B) a certificate of public convenience and necessity. (b) Commission NEPA review responsibilities In acting as the lead agency under section 15(b)(1) of the Natural Gas Act ( 15 U.S.C. 717n(b)(1) 42 U.S.C. 4321 et seq. 15 U.S.C. 717b (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting project-related NEPA review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of project-related NEPA review. (c) Deference to Commission In making a decision with respect to a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (d) Participating agencies (1) Identification Not later than 30 days after receiving an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (A) may issue a Federal authorization with respect to the application; or (B) is required by Federal law to consult with the Commission in conjunction with the issuance of an authorization under section 3 of that Act ( 15 U.S.C. 717b (2) Invitation (A) In general Not later than 45 days after receiving an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (B) Deadline An invitation issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted to the Commission, which may be extended by the Commission for good cause. (3) Designation as participating agencies Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717b (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related NEPA review; or (C) does not intend to submit comments for the record for the project-related NEPA review conducted by the Commission. (4) Effect of non-designation (A) Effect on agency Any agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (i) demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a Federal authorization; and (ii) requires information that could not have been obtained during the project-related NEPA review conducted by the Commission. (B) Comments; record The Commission shall not, with respect to an agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (i) consider any comments or other information submitted by the agency for the project-related NEPA review conducted by the Commission (ii) include any such comments or other information in the record for the project-related NEPA review. (e) Schedule (1) Deadline for Federal authorizations The deadline for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717n(c)(1) (2) Concurrent reviews Each Federal and State agency— (A) that may consider an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 15 U.S.C. 717n(c)(1) (B) in considering an aspect of an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (i) develop and implement a plan to enable the agency to comply with the schedule; (ii) carry out the obligations of the agency under applicable law concurrently, and in conjunction with, the project-related NEPA review conducted by the Commission (iii) transmit to the Commission a statement— (I) acknowledging receipt of the schedule; and (II) describing the plan developed under clause (i); and (iv) not less frequently than once every 90 days, transmit to the Commission a report describing the progress made in considering the application for a Federal authorization. (3) Failure to meet deadline (A) In general If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization required in the applicable schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (i) notify Congress and the Commission of the failure; and (ii) include in that notification a description of the recommended implementation plan to ensure completion of the action to which the deadline applied, unless the Commission deems the requirement to complete the action has been waived. (B) Requirement In cases in which a requirement has not been waived under clause (ii) of subparagraph (A), not later than 5 days after the date on which the Commission receives the notification under that subparagraph, the Commission shall— (i) accept the recommended implementation plan; or (ii) if the Commission does not accept the recommended implementation plan, establish a revised schedule for completion of the action and notify the head of the relevant Federal agency. (f) Consideration of applications for Federal authorization (1) Issue identification and resolution (A) Identification Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as practicable, any issues of concern that may delay or prevent an agency from— (i) working with the Commission to resolve the issues; and (ii) granting the Federal authorization. (B) Issue resolution The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution. (2) Remote surveys (A) In general If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for the Federal authorization to submit data, subject to subparagraph (B), the agency shall consider any data gathered by aerial or other remote means that the person submits. (B) Consideration Aerial or remote survey data shall be considered under subparagraph (A) in cases in which property access is not permitted or available and therefore onsite inspection is not possible at the time of the application review. (C) Conditional approval If appropriate and necessary for compliance with the mandate of the agency, a Federal or State agency may condition approval for a Federal authorization based in part on data gathered by aerial or remote means on the verification of the data by subsequent onsite inspection. (3) Application processing The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for the Federal authorization. (g) Accountability, transparency, efficiency (1) In general For an application for an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b (2) Inclusions Information tracked and included under paragraph (1) shall include the following: (A) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) (B) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application. (C) The expected completion date for each action. (D) A point of contact at the agency responsible for each action. (E) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay.

Summary: Promoting Interagency Coordination for Review of Natural Gas Projects Act This bill expands the authority of the Federal Energy Regulatory Commission (FERC)to act as the only lead agency for the purpose of coordinating the environmental review process under the National Environmental Policy Act of 1969 (NEPA) of natural gas pipeline project applications under the Natural Gas Act. Thus, federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. FERC must invite and designate the other participating agencies involved in the authorization process. In addition, FERC must consult with the Transportation Security Administration regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures. The bill establishes a deadline for agencies to complete NEPA reviews of pipeline projects and requires concurrent reviews when multiple federal or state agencies are involved. If a federal or state agency requires the person applying for a pipeline authorization to submit data, the agency must consider any such data gathered by aerial or other remote means that the person submits.