Sec. 3103. FERC process coordination with respect to regulatory approval of gas projects
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/bill/114/s/2012/pcs/section-3103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Commission means the Federal Energy Regulatory Commission. The term Federal authorization means any authorization required under Federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to gas transportation subject to the jurisdiction of the Commission. The term Federal authorization includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to gas transportation subject to the jurisdiction of the Commission.
The Commission shall act as the lead agency for the purposes of— coordinating all applicable Federal authorizations; and compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission. It is the sense of Congress that all Federal authorizations required for a project or facility should be issued by not later than the date that is 90 days after the date on which an application is considered to be complete by the Commission.
The Commission shall establish a schedule for the issuance of all Federal authorizations. In establishing the schedule under subparagraph (A), the Commission shall— consult and cooperate with the Federal and State agencies responsible for a Federal authorization; ensure the expeditious completion of all proceedings relating to a Federal authorization; and comply with applicable schedules established under Federal law with respect to a Federal authorization. If the Federal agency with responsibility fails to adhere to the schedule established by the Commission under paragraph (2), or if a Federal authorization has been unreasonably denied, or if a Federal authorization would be inconsistent with the purposes of this section or other applicable law, the Commission shall refer the matter to the Chairman of the Council on Environmental Quality— to ensure timely participation; to ensure a timely decision; to mediate the dispute; or to refer the matter to the President.
The Commission shall maintain official consolidated records of all license proceedings under this section. In making a decision with respect to a Federal authorization, each agency shall give deference, to the maximum extent authorized by law, to the scope of environmental review that the Commission determines to be appropriate. Pursuant to the schedule established under subsection (c)(2), each agency considering an aspect of an application for Federal authorization shall— to the maximum extent authorized by law, 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 complete the required Federal authorizations in accordance with the schedule described in subsection (c); and transmit to the Commission a statement— acknowledging notice of the schedule described in subsection (c); and describing the plan formulated under paragraph (2).
If an agency does not complete a proceeding for an approval that is required for a Federal authorization in accordance with the schedule described in subsection (c), the head of the relevant Federal agency (including, in the case of a failure by the State agency or unit of local government, the Federal agency overseeing the delegated authority) shall— notify Congress and the Commission of the failure; and describe in that notification an implementation plan to ensure completion.
For applications requiring multiple Federal authorizations, the Commission, in consultation with any 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 permitting, reviews, and other requirements. Information tracked under paragraph
(1)shall include the following: The schedule described in subsection (c). A list of all the actions required by each applicable agency to complete permitting, reviews, and other requirements necessary to obtain a final decision on the Federal authorization. The expected completion date for each action listed under subparagraph (B). A point of contact at the agency accountable for each action listed under subparagraph (B). In the event that an action is still pending as of the expected date of completion, a brief explanation of the reason for the delay.
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Sec. 3103
FERC process coordination with respect to regulatory approval of gas projects
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