II 118th CONGRESS 1st Session S. 988 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Hoeven (for himself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL 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 means a certificate of public convenience and necessity issued under section 7 of the Natural Gas Act ( 15 U.S.C. 717f ). (2) Commission The term Commission means the Federal Energy Regulatory Commission. (3) Federal authorization The term Federal authorization has the meaning given the term in section 15(a) of the Natural Gas Act ( 15 U.S.C. 717n(a) ). (4) NEPA review The term NEPA review means the process of reviewing a proposed Federal action under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (5) Project-related NEPA review The term project-related NEPA review means any NEPA review required to be conducted with respect to the issuance of— (A) an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ); or (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) ) for the purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to an authorization under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) or a certificate of public convenience and necessity, the Commission shall, in accordance with this section and other applicable Federal law— (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 ) or a certificate of public convenience and necessity, each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related NEPA review that the Commission determines to be appropriate. (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 ) or a certificate of public convenience and necessity, the Commission shall identify any Federal or State agency, local government, or Indian Tribe that— (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 ) or a Federal authorization required for the certificate of public convenience and necessity. (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 ) or a certificate of public convenience and necessity, the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization. (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 ) or a certificate of public convenience and necessity, the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to an application for an authorization under section 3 of that Act ( 15 U.S.C. 717b ) or a certificate of public convenience and necessity unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency— (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 ) or a certificate of public convenience and necessity may not request or conduct a NEPA review that is supplemental to the project-related NEPA review conducted by the Commission , unless the agency— (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 ) or a certificate of public convenience and necessity— (i) consider any comments or other information submitted by the agency for the project-related NEPA review conducted by the Commission ; or (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 ) or a certificate of public convenience and necessity set by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) ) shall be not later than 90 days after the date on which the Commission completes the applicable project-related NEPA review, unless an applicable schedule is otherwise established by Federal law. (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 ) or a certificate of public convenience and necessity shall formulate and implement a plan for administrative, policy, and procedural mechanisms to enable the agency to ensure completion of Federal authorizations in compliance with the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act ( 15 U.S.C. 717n(c)(1) ); and (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 ) or a certificate of public convenience and necessity, shall— (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 , and in compliance with the schedule; (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) ), not later than 5 days after the deadline, the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall— (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 ) or a certificate of public convenience and necessity that requires multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of the application, shall track and make available to the public on the website of the Commission information relating to the actions required to complete the Federal authorizations. (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.