I 
116TH CONGRESS 
2D SESSION 
H. R. 7878 
To bolster evaluation procedures in consideration of interstate natural gas 
pipelines in relation to National Scenic Trails, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2020 
Ms. KUSTER of New Hampshire (for herself, Mr. NEAL, Mr. MALINOWSKI, 
Mr. RASKIN, Mr. MCGOVERN, and Mr. RUIZ) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To bolster evaluation procedures in consideration of inter-
state natural gas pipelines in relation to National Scenic 
Trails, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Scenic Trail Viewshed 
Protection Act’’. 
SEC. 2. FINDING. 
Congress finds that— 
(1) prior to issuing a certificate of public con-
venience and necessity under section 7 of the Nat-
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ural Gas Act (15 U.S.C. 717f) with respect to a 
pipeline for the transportation of natural gas that 
will cross a national scenic trail established under 
section 5 of the National Trails System Act (16 
U.S.C. 1244), the Federal Energy Regulatory Com-
mission should specifically consider the conservation 
and recreation value of the land impacted; and 
(2) if such certificate, or an action taken pursu-
ant to such certificate, is under court review, the 
court should consider the loss of any natural, cul-
tural, scenic, and recreational values in determining 
whether an overriding public need for such pipeline 
exists. 
SEC. 3. CERTIFICATES FOR PIPELINES THAT INTERSECT 
NATIONAL SCENIC TRAILS. 
(a) APPLICABILITY.— 
(1) PIPELINE.—This section applies with re-
spect to a pipeline for the transportation of natural 
gas that will— 
(A) intersect a trail described in paragraph 
(2); or 
(B) affect the surrounding radius of the 
viewshed of a trail described in paragraph (2), 
as determined as the result of a viewshed anal-
ysis performed and submitted to the Federal 
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Energy Regulatory Commission by the admin-
istering agency of the trail or its cooperative 
agreement designated partner. 
(2) TRAIL.—A trail described in this paragraph 
is a national scenic trail established under section 5 
of the National Trails System Act (16 U.S.C. 1244). 
(b) DETERMINATION.—The Federal Energy Regu-
latory Commission may issue a certificate of public con-
venience and necessity under section 7 of the Natural Gas 
Act (15 U.S.C. 717f) for a pipeline described in subsection 
(a)(1) only if the Commission determines that— 
(1) the pipeline is the only prudent and feasible 
alternative to meet an overriding public need; 
(2) the applicant, in order to result in no, or 
minimal, adverse effect to a trail described in sub-
section (a)(2) and the viewshed of such a trail, thor-
oughly considered, in this order, avoidance measures, 
minimization measures, mitigation measures, and 
enhancement measures, including alternative routes, 
expanding existing pipeline infrastructure, and poli-
cies to reduce energy demand in the region of need; 
(3) minimal road construction will be required 
to construct and operate the pipeline; 
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(4) construction of the pipeline will use the best 
available technology in order to minimize, as much 
as possible, the potential for leakage; 
(5) if the pipeline will intersect a trail described 
in subsection (a)(2), the pipeline will intersect the 
trail— 
(A) at a point that is already subject to 
significant impact, including an existing energy 
or transportation infrastructure crossing, or the 
applicant made a documented effort to consider 
such a route; and 
(B) only once and using the shortest path 
possible in crossing the trail; 
(6) the pipeline will not affect the surrounding 
viewshed of a trail described in subsection (a)(2) in 
an area that— 
(A) has been identified, through the 
viewshed analysis of the trail described in 
(a)(1)(B), as an area of high conservation, rec-
reational, or scenic value; 
(B) is a protected wilderness area, as de-
fined by the Wilderness Act of 1964, an old- 
growth forest, or an alpine area; or 
(C) has an existing designated location for 
a shelter or campsite; 
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(7) construction techniques to be used for the 
pipeline will produce a minimal disturbance to any 
trail described in subsection (a)(2) and surrounding 
conserved lands; 
(8) the applicant has demonstrated plans for 
the ongoing maintenance and operation of the pipe-
line that ensures such maintenance and operation is 
done in a way that minimizes impact on any trail 
described in subsection (a)(2) that the pipeline will 
intersect, or the viewshed of which will be affected 
by the pipeline, and surrounding conserved lands; 
and 
(9) the applicant clearly acknowledges that it 
has an affirmative duty to— 
(A) protect any trail described in sub-
section (a)(2) that the pipeline will intersect, or 
the viewshed of which will be affected by the 
pipeline, and surrounding environment; and 
(B) ensure the health and safety of the 
public who use such trail and surrounding envi-
ronment. 
Æ 
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