Sec. 1115. Designation of National Energy Security Corridors on Federal lands
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/bill/114/s/2012/eah/section-1115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) is amended as follows: In subsection (b)— by striking (b)(1) For the purposes of this section and inserting the following: Federal lands means For the purposes of this section Federal lands — except as provided in subparagraph (B), means ; by striking the period at the end of paragraph
(1)and inserting ; and and by adding at the end of paragraph
(1)the following: for purposes of granting an application for a natural gas pipeline right-of-way, means all lands owned by the United States except— such lands held in trust for an Indian or Indian tribe; and lands on the Outer Continental Shelf. . By redesignating subsection (b), as so amended, as subsection (z), and transferring such subsection to appear after subsection
(y)of that section. By inserting after subsection
(a)the following: In addition to other authorities under this section, the Secretary shall— identify and designate suitable Federal lands as National Energy Security Corridors (in this subsection referred to as a Corridor ), which shall be used for construction, operation, and maintenance of natural gas transmission facilities; and incorporate such Corridors upon designation into the relevant agency land use and resource management plans or equivalent plans. In evaluating Federal lands for designation as a National Energy Security Corridor, the Secretary shall— employ the principle of multiple use to ensure route decisions balance national energy security needs with existing land use principles; seek input from other Federal counterparts, State, local, and tribal governments, and affected utility and pipeline industries to determine the best suitable, most cost-effective, and commercially viable acreage for natural gas transmission facilities; focus on transmission routes that improve domestic energy security through increasing reliability, relieving congestion, reducing natural gas prices, and meeting growing demand for natural gas; and take into account technological innovations that reduce the need for surface disturbance. The Secretary shall establish procedures to expedite and approve applications for rights-of-way for natural gas pipelines across National Energy Security Corridors, that— ensure a transparent process for review of applications for rights-of-way on such corridors; require an approval time of not more than 1 year after the date of receipt of an application for a right-of-way; and require, upon receipt of such an application, notice to the applicant of a predictable timeline for consideration of the application, that clearly delineates important milestones in the process of such consideration. The Governor of a State may submit requests to the Secretary of the Interior to designate Corridors on Federal land in that State. After receiving such a request, the Secretary shall respond in writing, within 30 days— acknowledging receipt of the request; and setting forth a timeline in which the Secretary shall grant, deny, or modify such request and state the reasons for doing so. In implementing this subsection, the Secretary shall coordinate with other Federal Departments to— minimize the proliferation of duplicative natural gas pipeline rights-of-way on Federal lands where feasible; ensure Corridors can connect effectively across Federal lands; and utilize input from utility and pipeline industries submitting applications for rights-of-way to site corridors in economically feasible areas that reduce impacts, to the extent practicable, on local communities. Designation of a Corridor under this subsection, and incorporation of Corridors into agency plans under paragraph (1)(B), shall not be treated as a major Federal action for purpose of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). Nothing in this subsection limits the number or physical dimensions of Corridors that the Secretary may designate under this subsection. Nothing in this subsection affects the authority of the Secretary to issue rights-of-way on Federal land that is not located in a Corridor designated under this subsection. All applications for rights-of-way for natural gas transmission facilities across Corridors designated under this subsection shall be subject to the environmental protections outlined in subsection (h). . Any application for a right-of-way under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) that is received by the Secretary of the Interior before designation of National Energy Security Corridors under the amendment made by subsection
(a)of this section shall be reviewed and acted upon independently by the Secretary without regard to the process for such designation. Within 2 years after the date of the enactment of this Act, the Secretary of the Interior shall designate at least 10 National Energy Security Corridors under the amendment made by subsection
(a)in States referred to in section 368(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15926(b) ).
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Sec. 1115
Designation of National Energy Security Corridors on Federal lands
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