Sec. 3103. FERC process coordination
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/bill/115/s/1460/pcs/section-3103A 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— in subsection (a), by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; by striking the section designation and heading and all that follows through and inserting the following: Federal authorization — In this section: The term environmental review means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment, an environmental impact statement, or other document required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). The term Federal authorization — ; in subsection (b), by striking paragraph
(2)and inserting the following: Each Federal agency 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: set schedules for all such Federal authorizations; and ; by striking paragraph (2); and by adding at the end the following: Unless a schedule is otherwise established by Federal law, a final decision on a Federal authorization shall be due not later than 90 days after the agency has determined that an application is categorically excluded under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) or the notice of availability of the final environmental impact statement or finding of no significant impact is made available to the affected public. 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 paragraph (1), 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 environmental review, 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 paragraph (1); and transmit to the Commission a statement— acknowledging receipt of the schedule described in paragraph (1); and describing the plan formulated under subparagraph (B). 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 or denying 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 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. ; by redesignating subsections
(d)through
(f)as subsections
(f)through (h), respectively; and by inserting after subsection
(c)the following: If a Federal or State department or agency considering an aspect of an application for Federal authorization requires the applicant to submit environmental data, the department or agency shall consider any such data submitted by the applicant which was gathered by geomatic techniques, including tools and techniques used in land surveying, remote sensing, cartography, geographic information systems, global navigation satellite systems, photogrammetry, geophysics, geography, or other remote means. The applicable agency may grant conditional approval for Federal authorization, conditioned on the verification of such data by subsequent onsite inspection. Any geomatic data submitted as part of a Federal authorization shall have been gathered in compliance with all applicable laws (including regulations). 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. . Nothing in this section or the amendments made by this section prohibits the participation of an applicant in any other expedited permitting program.
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