[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8847 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8847
To amend the Natural Gas Act to bolster fairness and transparency in
consideration of interstate natural gas pipelines, to provide for
greater public input opportunities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Mr. Griffith (for himself and Mr. Cline) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Natural Gas Act to bolster fairness and transparency in
consideration of interstate natural gas pipelines, to provide for
greater public input opportunities, and for other purposes.
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 ``Pipeline Fairness and Transparency
Act''.
SEC. 2. EMINENT DOMAIN.
(a) Statement of Policy.--It is the policy of the United States to
protect the rights of citizens of the United States to their private
property, including by limiting the taking of private property by the
Federal Government to situations in which the taking is for public use,
with just compensation, and to benefit the general public, and not
merely to advance the economic interests of private parties that would
be given ownership or use of the property taken.
(b) Just Compensation.--Section 7(h) of the Natural Gas Act (15
U.S.C. 717f(h)) is amended--
(1) by striking ``(h) When any holder'' and inserting the
following:
``(h) Eminent Domain.--
``(1) In general.--When any holder'';
(2) in the second sentence--
(A) by striking ``The practice'' and inserting the
following:
``(2) Practice and procedure.--
``(A) In general.--Subject to subparagraph (B), the
practice'';
(B) by striking ``is situated:'' and inserting ``is
situated.''; and
(C) by striking ``Provided, That the'' and
inserting the following:
``(B) Limitation.--The''; and
(3) by adding at the end the following:
``(3) Just compensation.--In determining the just
compensation for property acquired by the exercise of the right
of eminent domain under paragraph (1), in the case of land
subject to a conservation easement, the court with jurisdiction
over the proceeding shall consider the lost conservation value
of that land.''.
SEC. 3. PROCESS COORDINATION FOR ENVIRONMENTAL REVIEW.
Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended by
adding at the end the following:
``(g) Environmental Review for Interstate Natural Gas Pipelines.--
``(1) Definitions.--In this subsection:
``(A) Federal authorization.--
``(i) In general.--The term `Federal
authorization' means any authorization required
under Federal law with respect to an
application for a certificate of public
convenience and necessity under section 7.
``(ii) Inclusions.--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
a certificate of public convenience and
necessity under section 7.
``(B) Project.--The term `project' means a project
for the construction or extension of facilities for the
transportation in interstate commerce of natural gas
that requires Federal authorization.
``(2) Supplemental environmental impact statements.--
``(A) In general.--With respect to an application
for Federal authorization, the Commission shall prepare
a supplement to a draft environmental impact statement
or a final environmental impact statement if--
``(i) the Commission makes a substantial
change in the proposed action that is relevant
to environmental concerns; or
``(ii) there are significant new
circumstances or information relevant to
environmental concerns and bearing on the
proposed action or its impacts.
``(B) Mitigation plans.--If a draft environmental
impact statement prepared with respect to an
application for Federal authorization does not include
information about mitigation plans for adverse impacts
that cannot reasonably be avoided, a supplemental
environmental impact statement shall be prepared that
includes such information.
``(3) Public meeting requirements.--In complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to an application for Federal authorization,
the Commission shall ensure that any public meeting shall be
held--
``(A) in each county or equivalent subdivision in
which the project will be located; and
``(B) during each period of public comment
following, if applicable, publication of--
``(i) a draft environmental impact
statement;
``(ii) a final environmental impact
statement; and
``(iii) any supplemental environmental
impact statement.''.
SEC. 4. IMPACTS ON CRITICAL NATURAL RESOURCES.
Subsection (g) of section 15 of the Natural Gas Act (15 U.S.C.
717n) (as added by section 3) is amended by adding at the end the
following:
``(4) National scenic trails.--
``(A) In general.--In preparing an environmental
impact statement with respect to an application for
Federal authorization for a project, any evaluation of
the visual impacts of the project on a national scenic
trail designated by the National Trails System Act (16
U.S.C. 1241 et seq.) in the environmental impact
statement shall--
``(i) consider the cumulative visual
impacts of any similar proposed project--
``(I) for which an application for
Federal authorization is in the pre-
filing or filing stage; and
``(II) that impacts the same
national scenic trail within 100 miles
of the first project; and
``(ii) include visual impact simulations
depicting leaf-on and leaf-off views at each
location where major visual impacts occur, as
identified, authenticated, and justified during
the period of public comment preceding the
publication of a draft environmental impact
statement by the head of the Federal agency or
independent agency administering the land at
the applicable location.
``(B) National forest management plans.--No
amendment to a National Forest management plan under
the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.) shall be
considered, pursuant to an application for Federal
authorization, if the result of the amendment would
substantially interfere with the nature and purposes of
a national scenic trail designated by the National
Trails System Act (16 U.S.C. 1241 et seq.).''.
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