Title: Scenic Trail Viewshed Protection Act
Policy area: Energy

Summary:
Scenic Trail Viewshed Protection Act
This bill authorizes the Federal Energy Regulatory Commission (FERC) to issue a certificate of public convenience and necessity for a natural gas pipeline project that crosses or impacts the view from a national scenic trail under certain conditions.
Specifically, FERC may issue such certificate only if it determines that

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7878 Introduced in House (IH)]

<DOC>






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 interstate natural 
  gas pipelines in relation to National Scenic Trails, and for other 
                               purposes.

    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 ``Scenic Trail Viewshed Protection 
Act''.

SEC. 2. FINDING.

     Congress finds that--
            (1) prior to issuing a certificate of public convenience 
        and necessity under section 7 of the Natural 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 Commission should 
        specifically consider the conservation and recreation value of 
        the land impacted; and
            (2) if such certificate, or an action taken pursuant to 
        such certificate, is under court review, the court should 
        consider the loss of any natural, cultural, 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 respect 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 analysis performed and 
                submitted to the Federal Energy Regulatory Commission 
                by the administering 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 Regulatory Commission may 
issue a certificate of public convenience 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 subsection (a)(2) and 
        the viewshed of such a trail, thoroughly considered, in this 
        order, avoidance measures, minimization measures, mitigation 
        measures, and enhancement measures, including alternative 
        routes, expanding existing pipeline infrastructure, and 
        policies to reduce energy demand in the region of need;
            (3) minimal road construction will be required to construct 
        and operate the pipeline;
            (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, recreational, or scenic 
                value;
                    (B) is a protected wilderness area, as defined 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;
            (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 pipeline 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 subsection 
                (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 environment.
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