Sec. 41005. Expedited permitting
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The Natural Gas Act is amended by adding after section 15 ( 15 U.S.C. 717n ) the following: In this section: The term covered application means an application for an authorization under section 3 or a certificate of public convenience and necessity under section 7, as applicable, for activities that include construction. The term Federal authorization has the meaning given such term in section 15(a). Prior to submitting a covered application, an applicant may elect to obtain an expedited review of all Federal authorizations required for the approval of such covered application by— submitting to the Commission a written notification— of the election; and that identifies each Federal authorization required for the approval of the covered application and each Federal, State, interstate, or Tribal agency that will consider an aspect of each such Federal authorization; and making a payment to the Secretary of the Treasury in an amount that is the lesser of— one percent of the expected cost of the applicable construction, as determined by the applicant; or $10,000,000 (adjusted for inflation, as the Secretary of the Treasury determines necessary).
Not later than 60 days after the date on which an applicant elects to obtain an expedited review under paragraph (1), the applicant shall submit to the Commission the covered application for which such election for an expedited review was made, which shall include— the scope of the applicable activities, including capital investment, siting, temporary construction, and final workforce numbers; the industrial sector of the applicant, as classified by the North American Industry Classification System; and a list of the statutes and regulations that are relevant to the covered application.
Except as provided in clause (ii), not later than one year after the date on which an applicant submits a covered application pursuant to subparagraph (A)— each Federal, State, interstate, or Tribal agency identified under paragraph (1)(A)(ii) shall— review the relevant Federal authorization identified under such paragraph; and subject to any conditions determined by such agency to be necessary to comply with the requirements of the Federal law under which such approval is required, approve such Federal authorization; and the Commission shall— review the covered application; and subject to any conditions determined by the Commission to be necessary to comply with the requirements of this Act, approve the covered application.
With respect to a covered application submitted pursuant to subparagraph (A), the Commission may approve a request by an agency identified under paragraph (1)(A)(ii) for an extension of the one-year deadline imposed by clause
(i)of this subparagraph for a period of 6 months if the Commission receives consent from the relevant applicant. If the Commission approves a request for an extension under subclause (I), such extension shall apply to the applicable covered application and the Federal authorization for which the extension was requested. Any covered application submitted pursuant to subparagraph (A), or Federal authorization that is required with respect to such covered application, that is not approved by the applicable deadline under subparagraph
(B)shall be deemed approved in perpetuity, notwithstanding any procedural requirements relating to such approval under the Federal law under which such approval was required (including any requirements applicable to the effective period of a Federal authorization). A person carrying out activities under a covered application or Federal authorization that has been deemed approved under clause
(i)shall comply with the requirements of the Federal law under which such approval was required (other than with respect to any procedural requirements relating to such approval, including any requirements relating to the effective period of the Federal authorization). Notwithstanding any other provision of law, no court shall have jurisdiction to review a claim with respect to the approval of a covered application or Federal authorization under subparagraph
(B)or (C)(i) of subsection (b)(2), except for a claim under chapter 7 of title 5, United States Code, filed not later than 180 days after the date of such approval by— the applicant; or a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the approval. An association may only bring a claim on behalf of one or more of its members pursuant to subparagraph (A)(ii) if each member of the association has suffered, or likely and imminently will suffer, the harm described in subparagraph (A)(ii). If an applicant or other person brings a claim described in paragraph
(1)with respect to the approval of a covered application or Federal authorization under subsection (b)(2)(B), the court shall hold unlawful and set aside any agency actions, findings, and conclusions in accordance with section 706(2) of title 5, United States Code, except that, for purposes of the application of subparagraph
(E)of such section, the court shall apply such subparagraph by substituting clear and convincing evidence for substantial evidence . Notwithstanding any other provision of law, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim— alleging the invalidity of subsection (b); or that an agency action relating to a covered application or Federal authorization under subsection
(b)is beyond the scope of authority conferred by the Federal law under which such agency action is made. .
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Sec. 41005
Expedited permitting
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