119-hr3668

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3668 Reported in House

    (RH) ]

<DOC>

 Union Calendar No. 253
119th CONGRESS
 1st Session
 H. R. 3668

 [Report No. 119-297, Part I]

 To promote interagency coordination for reviewing certain 
 authorizations under 

section 3 of the Natural Gas Act, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 2, 2025

 Mr. Hudson (for himself and Mr. Balderson) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

 September 15, 2025

 Additional sponsors: Mr. Dunn of Florida and Mr. Lawler

 September 15, 2025

 Reported from the Committee on Energy and Commerce

 September 15, 2025

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
 to be printed

_______________________________________________________________________

 A BILL

 To promote interagency coordination for reviewing certain 
 authorizations under 

section 3 of the Natural Gas Act, 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 ``Improving Interagency Coordination 
for Pipeline Reviews Act''.

SEC. 2. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS 
 PIPELINES.

    (a) 

=== Definitions. ===
-In this section:

    (1) Commission.--The term ``Commission'' means the Federal 
 Energy Regulatory Commission.

    (2) Federal authorization.--The term ``Federal 
 authorization'' has the meaning given that term in 

section 15

    (a) of the Natural Gas Act (15 U.S.C. 717n

    (a) ).

    (3) 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).

    (4) Project-related nepa review.--The term ``project-
 related NEPA review'' means any NEPA review required to be 
 conducted with respect to the issuance of an authorization 
 under 

section 3 of the Natural Gas Act or a certificate of 
 public convenience and necessity under 

section 7 of such Act.

    (b) Commission NEPA Review Responsibilities.--In acting as the lead 
agency under 

section 15

    (b)

    (1) of the Natural Gas Act 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 or a certificate of public convenience and 
necessity under 

section 7 of such Act, 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 
 its 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 its 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 
authorization under 

section 3 of the Natural Gas Act or a certificate 
of public convenience and necessity under 

section 7 of such Act, 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.--The Commission shall identify, not 
 later than 30 days after the Commission receives an application 
 for an authorization under 

section 3 of the Natural Gas Act or 
 a certificate of public convenience and necessity under 

section 7 of such Act, any Federal or State agency, local government, 
 or Indian Tribe that may issue a Federal authorization or is 
 required by Federal law to consult with the Commission in 
 conjunction with the issuance of a Federal authorization 
 required for such authorization or certificate.

    (2) Invitation.--
        (A) In general.--Not later than 45 days after the 
 Commission receives an application for an authorization 
 under 

section 3 of the Natural Gas Act or a certificate 
 of public convenience and necessity under 

section 7 of 
 such Act, 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 or a 
 certificate of public convenience and necessity under 

section 7 
 of such Act, the Commission shall designate an agency 
 identified under paragraph

    (1) as a participating agency with 
 respect to an application for authorization under 

section 3 of 
 the Natural Gas Act or a certificate of public convenience and 
 necessity under 

section 7 of such Act 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 or a certificate 
 of public convenience and necessity under 

section 7 of 
 such Act 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 or a certificate of public 
 convenience and necessity under 

section 7 of such Act--
            (i) consider any comments or other 
 information submitted by such agency for the 
 project-related NEPA review conducted by the 
 Commission; or
            (ii) include any such comments or other 
 information in the record for such project-
 related NEPA review.

    (e) Water Quality Impacts.--

    (1) In general.--Notwithstanding 

section 401 of the Federal 
 Water Pollution Control Act (33 U.S.C. 1341), an applicant for 
 a Federal authorization shall not be required to provide a 
 certification under such section with respect to the Federal 
 authorization.

    (2) Coordination.--With respect to any NEPA review for a 
 Federal authorization to conduct an activity that will directly 
 result in a discharge into the navigable waters (within the 
 meaning of the Federal Water Pollution Control Act), the 
 Commission shall identify as an agency under subsection
            (d) (1) the State in which the discharge originates or will originate, 
 or, if appropriate, the interstate water pollution control 
 agency having jurisdiction over the navigable waters at the 
 point where the discharge originates or will originate.

    (3) Proposed conditions.--A State or interstate agency 
 designated as a participating agency pursuant to paragraph

    (2) may propose to the Commission terms or conditions for inclusion 
 in an authorization under 

section 3 of the Natural Gas Act or a 
 certificate of public convenience and necessity under 

section 7 
 of such Act that the State or interstate agency determines are 
 necessary to ensure that any activity described in paragraph

    (2) conducted pursuant to such authorization or certification 
 will comply with the applicable provisions of sections 301, 
 302, 303, 306, and 307 of the Federal Water Pollution Control 
 Act.

    (4) Commission consideration of conditions.--The Commission 
 may include a term or condition in an authorization under 
 

section 3 of the Natural Gas Act or a certificate of public 
 convenience and necessity under 

section 7 of such Act proposed 
 by a State or interstate agency under paragraph

    (3) only if the 
 Commission finds that the term or condition is necessary to 
 ensure that any activity described in paragraph

    (2) conducted 
 pursuant to such authorization or certification will comply 
 with the applicable provisions of sections 301, 302, 303, 306, 
 and 307 of the Federal Water Pollution Control Act.

    (f) Schedule.--

    (1) Deadline for federal authorizations.--A deadline for a 
 Federal authorization required with respect to an application 
 for authorization under 

section 3 of the Natural Gas Act or a 
 certificate of public convenience and necessity under 

section 7 
 of such Act set by the Commission under 

section 15
            (c) (1) of 
 such Act shall be not later than 90 days after the Commission 
 completes its 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 authorization under 

section 3 of the Natural Gas 
 Act or a certificate of public convenience and 
 necessity under 

section 7 of such Act 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 
 schedules established by the Commission under 

section 15
            (c) (1) of such Act; and
        (B) in considering an aspect of an application for 
 a Federal authorization required with respect to an 
 application for authorization under 

section 3 of the 
 Natural Gas Act or a certificate of public convenience 
 and necessity under 

section 7 of such Act, shall--
            (i) formulate and implement a plan to 
 enable the agency to comply with the schedule 
 established by the Commission under 

section 15
            (c) (1) of such Act;
            (ii) carry out the obligations of that 
 agency under applicable law concurrently, and 
 in conjunction with, the project-related NEPA 
 review conducted by the Commission, and in 
 compliance with the schedule established by the 
 Commission under 

section 15
            (c) (1) of such Act, 
 unless the agency notifies the Commission in 
 writing that doing so would impair the ability 
 of the agency to conduct needed analysis or 
 otherwise carry out such obligations;
            (iii) transmit to the Commission a 
 statement--
            (I) acknowledging receipt of the 
 schedule established by the Commission 
 under 

section 15
            (c) (1) of the Natural 
 Gas Act; and
            (II) setting forth the plan 
 formulated under clause
            (i) of this 
 subparagraph;
            (iv) not later than 30 days after the 
 agency receives such application for a Federal 
 authorization, transmit to the applicant a 
 notice--
            (I) indicating whether such 
 application is ready for processing; 
 and
            (II) if such application is not 
 ready for processing, that includes a 
 comprehensive description of the 
 information needed for the agency to 
 determine that the application is ready 
 for processing;
            (v) determine that such application for a 
 Federal authorization is ready for processing 
 for purposes of clause
            (iv) if such application 
 is sufficiently complete for the purposes of 
 commencing consideration, regardless of whether 
 supplemental information is necessary to enable 
 the agency to complete the consideration 
 required by law with respect to such 
 application; and
            (vi) not less often than once every 90 
 days, transmit to the Commission a report 
 describing the progress made in considering 
 such application for a Federal authorization.

    (3) Failure to meet deadline.--If a Federal or State 
 agency, including the Commission, fails to meet a deadline for 
 a Federal authorization set forth in the schedule established 
 by the Commission under 

section 15
            (c) (1) of the Natural Gas 
 Act, not later than 5 days after such 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 notify Congress and the Commission of such 
 failure and set forth a recommended implementation plan to 
 ensure completion of the action to which such deadline applied.

    (g) 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 
 possible, any issues of concern that may delay or 
 prevent an agency from working with the Commission to 
 resolve such issues and granting such 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.--If a Federal or State agency 
 considering an aspect of an application for a Federal 
 authorization requires the person applying for such 
 authorization to submit data, the agency shall consider any 
 such data gathered by aerial or other remote means that the 
 person submits. The agency may grant a conditional approval for 
 the Federal authorization based on data gathered by aerial or 
 remote means, conditioned on the verification of such 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 such authorization.

    (h) Accountability, Transparency, Efficiency.--For an application 
for an authorization under 

section 3 of the Natural Gas Act or a 
certificate of public convenience and necessity under 

section 7 of such 
Act 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 
Commission's website information related to the actions required to 
complete the Federal authorizations. Such information shall include the 
following:

    (1) The schedule established by the Commission under 
 

section 15
            (c) (1) of the Natural Gas Act.

    (2) 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.

    (3) The expected completion date for each such action.

    (4) A point of contact at the agency responsible for each 
 such action.

    (5) 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.
            (i) Pipeline Security.--In considering an application for an 
authorization under 

section 3 of the Natural Gas Act or a certificate 
of public convenience and necessity under 

section 7 of such Act, the 
Federal Energy Regulatory Commission shall consult with the 
Administrator of the Transportation Security Administration regarding 
the applicant's compliance with security guidance and best practice 
recommendations of the Administration regarding pipeline infrastructure 
security, pipeline cybersecurity, pipeline personnel security, and 
other pipeline security measures.
 Union Calendar No. 253

119th CONGRESS

 1st Session

 H. R. 3668

 [Report No. 119-297, Part I]

_______________________________________________________________________

 A BILL

 To promote interagency coordination for reviewing certain 
 authorizations under 

section 3 of the Natural Gas Act, and for other 
 purposes.

_______________________________________________________________________

 September 15, 2025

 Reported from the Committee on Energy and Commerce

 September 15, 2025

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
 to be printed