[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 411 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 411
To authorize the approval of natural gas pipelines and establish
deadlines and expedite permits for certain natural gas gathering lines
on Federal land and Indian land.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2015
Mr. Barrasso (for himself, Ms. Heitkamp, Mr. Enzi, and Mr. Hoeven)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the approval of natural gas pipelines and establish
deadlines and expedite permits for certain natural gas gathering lines
on Federal land and Indian land.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Gas Gathering Enhancement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) record volumes of natural gas production in the United
States as of the date of enactment of this Act are providing
enormous benefits to the United States, including by--
(A) reducing the need for imports of natural gas,
thereby directly reducing the trade deficit;
(B) strengthening trade ties among the United
States, Canada, and Mexico;
(C) providing the opportunity for the United States
to join the emerging global gas trade through the
export of liquefied natural gas;
(D) creating and supporting millions of new jobs
across the United States;
(E) adding billions of dollars to the gross
domestic product of the United States every year;
(F) generating additional Federal, State, and local
government tax revenues; and
(G) revitalizing the manufacturing sector by--
(i) significantly increasing commercial
demand for steel; and
(ii) providing abundant and affordable
feedstock;
(2) natural gas is lost due to venting and flaring,
primarily in areas where natural gas infrastructure has not
been developed quickly enough, such as States with large
quantities of Federal land and Indian land;
(3) permitting processes can hinder the development of
natural gas infrastructure, such as pipeline lines and
gathering lines on Federal land and Indian land; and
(4) additional authority for the Secretary of the Interior
to approve natural gas pipelines and gathering lines on Federal
land and Indian land would--
(A) assist in bringing gas to market that would
otherwise be vented or flared; and
(B) significantly increase royalties collected by
the Secretary of the Interior and disbursed to Federal,
State, and tribal governments and individual Indians.
SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES.
Section 100902 of title 54, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``Under regulations'' and inserting
``Notwithstanding section 28 of the Mineral Leasing Act
(30 U.S.C. 185), under regulations'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) natural gas pipelines.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) natural gas pipelines.'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``A right of way under''
and inserting ``Except as provided in paragraph (5), a
right-of-way granted under''; and
(C) by adding at the end the following:
``(5) Right-of-way for natural gas pipelines.--
Notwithstanding paragraph (2), a right-of-way granted under
paragraph (1)(D) shall--
``(A) be for a term of not more than 30 years; and
``(B) not exceed 50 feet in width after
construction of the natural gas pipeline.''.
SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND
INDIAN LAND.
(a) In General.--Subtitle B of title III of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the
end the following:
``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND
AND INDIAN LAND.
``(a) Definitions.--In this section:
``(1) Gas gathering line and associated field compression
unit.--
``(A) In general.--The term `gas gathering line and
associated field compression unit' means--
``(i) a pipeline that is installed to
transport natural gas production associated
with 1 or more wells drilled and completed to
produce oil or gas; and
``(ii) if necessary, a compressor to raise
the pressure of that transported natural gas to
higher pressures suitable to enable the gas to
flow into pipelines and other facilities.
``(B) Exclusions.--The term `gas gathering line and
associated field compression unit' does not include a
pipeline or compression unit that is installed to
transport natural gas from a processing plant to a
common carrier pipeline or facility.
``(2) Federal land.--
``(A) In general.--The term `Federal land' means
land the title to which is held by the United States.
``(B) Exclusions.--The term `Federal land' does not
include--
``(i) a unit of the National Park System;
``(ii) a unit of the National Wildlife
Refuge System;
``(iii) a component of the National
Wilderness Preservation System; or
``(iv) Indian land.
``(3) Indian land.--The term `Indian land' means land the
title to which is held by--
``(A) the United States in trust for an Indian
tribe or an individual Indian; or
``(B) an Indian tribe or an individual Indian
subject to a restriction by the United States against
alienation.
``(b) Certain Natural Gas Gathering Lines.--
``(1) In general.--Subject to paragraph (2), the issuance
of a sundry notice or right-of-way for a gas gathering line and
associated field compression unit that is located on Federal
land or Indian land and that services any oil or gas well shall
be considered to be an action that is categorically excluded
(as defined in section 1508.4 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act)) for purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and
associated field compression unit are--
``(A) within a field or unit for which an approved
land use plan or an environmental document prepared
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) analyzed transportation
of natural gas produced from 1 or more oil or gas wells
in that field or unit as a reasonably foreseeable
activity; and
``(B) located adjacent to or within--
``(i) any existing disturbed area; or
``(ii) an existing corridor for a right-of-
way.
``(2) Applicability.--Paragraph (1) shall apply to Indian
land, or a portion of Indian land, for which the Indian tribe
with jurisdiction over the Indian land submits to the Secretary
of the Interior a written request that paragraph (1) apply to
that Indian land (or portion of Indian land).
``(c) Effect on Other Law.--Nothing in this section affects or
alters any requirement--
``(1) relating to prior consent under--
``(A) section 2 of the Act of February 5, 1948 (25
U.S.C. 324); or
``(B) section 16(e) of the Act of June 18, 1934 (25
U.S.C. 476(e)) (commonly known as the `Indian
Reorganization Act');
``(2) under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f); or
``(3) under any other Federal law (including regulations)
relating to tribal consent for rights-of-way across Indian
land.''.
(b) Assessments.--Title XVIII of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the
following:
``SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS.
``(a) Definition of Gas Gathering Line and Associated Field
Compression Unit.--In this section, the term `gas gathering line and
associated field compression unit' has the meaning given the term in
section 319.
``(b) Study.--Not later than 1 year after the date of enactment of
the Natural Gas Gathering Enhancement Act, the Secretary of the
Interior, in consultation with other appropriate Federal agencies,
States, and Indian tribes, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a study identifying--
``(1) any actions that may be taken, under Federal law
(including regulations), to expedite permitting for gas
gathering lines and associated field compression units that are
located on Federal land or Indian land, for the purpose of
transporting natural gas associated with oil and gas production
on any land to a processing plant or a common carrier pipeline
for delivery to markets; and
``(2) any proposed changes to Federal law (including
regulations) to expedite permitting for gas gathering lines and
associated field compression units that are located on Federal
land, for the purpose of transporting natural gas associated
with oil and gas production on any land to a processing plant
or a common carrier pipeline for delivery to markets.
``(c) Report.--Not later than 1 year after the date of enactment of
the Natural Gas Gathering Enhancement Act, and every 1 year thereafter,
the Secretary of the Interior, in consultation with other appropriate
Federal agencies, States, and Indian tribes, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
``(1) the progress made in expediting permits for gas
gathering lines and associated field compression units that are
located on Federal land or Indian land, for the purpose of
transporting natural gas associated with oil and gas production
on any land to a processing plant or a common carrier pipeline
for delivery to markets; and
``(2) any issues impeding that progress.''.
(c) Technical Amendments.--
(1) Section 1(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 594) is amended by adding at the end of
subtitle B of title III the following:
``Sec. 319. Natural gas gathering lines located on Federal land and
Indian land.''.
(2) Section (1)(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 594) is amended by adding at the end of
title XXVIII the following:
``Sec. 1841. Natural gas gathering system assessments.''.
SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE
MINERAL LEASING ACT.
Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by
adding at the end the following:
``(z) Natural Gas Gathering Lines.--The Secretary of the Interior
or other appropriate agency head shall issue a sundry notice or right-
of-way for a gas gathering line and associated field compression unit
(as defined in section 319(a) of the Energy Policy Act of 2005) that is
located on Federal land not later than 90 days after the date on which
the applicable agency head receives the request for issuance unless the
Secretary or agency head finds that the sundry notice or right-of-way
would violate the National Historic Preservation Act (16 U.S.C. 470 et
seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).''.
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