Sec. 1101. FERC process coordination
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/bill/114/s/2012/eah/section-1101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 15 of the Natural Gas Act ( 15 U.S.C. 717n ) is amended— by amending subsection (b)(2) to read as follows: Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission and comply with the deadlines established by the Commission. The Commission shall identify, as early as practicable after it is notified by a prospective applicant of a potential project requiring Commission authorization, any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for that Federal authorization. The Commission shall notify any agency identified under subparagraph
(B)of the opportunity to cooperate or participate in the review process. A notification issued under clause
(i)shall establish a deadline by which a response to the notification shall be submitted, which may be extended by the Commission for good cause. ; in subsection (c)— in paragraph (1)— by striking and at the end of subparagraph (A); by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following new subparagraph: set deadlines for all such Federal authorizations; and ; by striking paragraph (2); and by adding at the end the following new paragraphs: A final decision on a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law. Each Federal and State agency considering an aspect of an application for a Federal authorization shall— carry out the obligations of that agency under applicable law concurrently, and in conjunction, with the review required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations; formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of required Federal authorizations no later than 90 days after the Commission issues its final environmental document; and transmit to the Commission a statement— acknowledging receipt of the schedule established under paragraph (1); and setting forth the plan formulated under subparagraph
(B)of this paragraph. Federal and State agencies that may consider an aspect of an application for 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. The Commission may forward any issue of concern identified under subparagraph
(A)to the heads of the relevant agencies (including, in the case of a failure by the State agency, the Federal agency overseeing the delegated authority) for resolution. If a Federal or State agency does not complete a proceeding for an approval that is required for a Federal authorization in accordance with the schedule established by the Commission under paragraph (1)— the applicant may pursue remedies under section 19(d); and 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 proceeding for an approval. ; by redesignating subsections
(d)through
(f)as subsections
(g)through (i), respectively; and by inserting after subsection
(c)the following new subsections: If a Federal or State agency considering an aspect of an application for Federal authorization requires the applicant to submit environmental data, the agency shall consider any such data gathered by aerial or other remote means that the applicant submits. The agency may grant a conditional approval for Federal authorization, conditioned on the verification of such data by subsequent onsite inspection. The Commission, and Federal and State agencies, may allow an applicant seeking Federal authorization to fund a third-party contractor to assist in reviewing the application. For applications requiring multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of an application, shall track and make available to the public on the Commission’s website information related to the actions required to complete permitting, reviews, and other actions required. Such information shall include the following: The schedule established by the Commission under subsection (c)(1). 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 Federal authorization. The expected completion date for each such action. A point of contact at the agency accountable for each such action. 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. .
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