H.R. 3668

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3668 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3668

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 15, 2025

Received; read twice and referred to the Committee on Commerce, 
Science, and Transportation

_______________________________________________________________________

AN ACT

To promote interagency coordination for reviewing certain 
authorizations under section 3 of the Natural Gas Act, 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 ``Improving Interagency Coordination 
for Pipeline Reviews Act''.

SEC. 2. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS 
PIPELINES.

(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal 
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal 
authorization'' has the meaning given that term in section 
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the 
process of reviewing a proposed Federal action under section 
102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be 
conducted with respect to the issuance of an authorization 
under section 3 of the Natural Gas Act or a certificate of 
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as the lead 
agency under section 15(b)(1) of the Natural Gas Act for the purposes 
of complying with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) with respect to an authorization under section 3 
of the Natural Gas Act or a certificate of public convenience and 
necessity under section 7 of such Act, the Commission shall, in 
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency 
designated as a participating agency under subsection (d)(3) to 
ensure that the Commission develops information in conducting 
its project-related NEPA review that is usable by the 
participating agency in considering an aspect of an application 
for a Federal authorization for which the agency is 
responsible; and
(3) take such actions as are necessary and proper to 
facilitate the expeditious resolution of its project-related 
NEPA review.
(c) Deference to Commission.--In making a decision with respect to 
a Federal authorization required with respect to an application for 
authorization under section 3 of the Natural Gas Act or a certificate 
of public convenience and necessity under section 7 of such Act, each 
agency shall give deference, to the maximum extent authorized by law, 
to the scope of the project-related NEPA review that the Commission 
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not 
later than 30 days after the Commission receives an application 
for an authorization under section 3 of the Natural Gas Act or 
a certificate of public convenience and necessity under section 
7 of such Act, any Federal or State agency, local government, 
or Indian Tribe that may issue a Federal authorization or is 
required by Federal law to consult with the Commission in 
conjunction with the issuance of a Federal authorization 
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the 
Commission receives an application for an authorization 
under section 3 of the Natural Gas Act or a certificate 
of public convenience and necessity under section 7 of 
such Act, the Commission shall invite any agency 
identified under paragraph (1) to participate in the 
review process for the applicable Federal 
authorization.
(B) Deadline.--An invitation issued under 
subparagraph (A) shall establish a deadline by which a 
response to the invitation shall be submitted to the 
Commission, which may be extended by the Commission for 
good cause.
(3) Designation as participating agencies.--Not later than 
60 days after the Commission receives an application for an 
authorization under section 3 of the Natural Gas Act or a 
certificate of public convenience and necessity under section 7 
of such Act, the Commission shall designate an agency 
identified under paragraph (1) as a participating agency with 
respect to an application for authorization under section 3 of 
the Natural Gas Act or a certificate of public convenience and 
necessity under section 7 of such Act unless the agency informs 
the Commission, in writing, by the deadline established 
pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect 
to the applicable Federal authorization;
(B) has no special expertise or information 
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the 
record for the project-related NEPA review conducted by 
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not 
designated as a participating agency under paragraph 
(3) with respect to an application for an authorization 
under section 3 of the Natural Gas Act or a certificate 
of public convenience and necessity under section 7 of 
such Act may not request or conduct a NEPA review that 
is supplemental to the project-related NEPA review 
conducted by the Commission, unless the agency--
(i) demonstrates that such review is 
legally necessary for the agency to carry out 
responsibilities in considering an aspect of an 
application for a Federal authorization; and
(ii) requires information that could not 
have been obtained during the project-related 
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not, 
with respect to an agency that is not designated as a 
participating agency under paragraph (3) with respect 
to an application for an authorization under section 3 
of the Natural Gas Act or a certificate of public 
convenience and necessity under section 7 of such Act--
(i) consider any comments or other 
information submitted by such agency for the 
project-related NEPA review conducted by the 
Commission; or
(ii) include any such comments or other 
information in the record for such project-
related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal 
Water Pollution Control Act (33 U.S.C. 1341), an applicant for 
a Federal authorization shall not be required to provide a 
certification under such section with respect to the Federal 
authorization.
(2) Coordination.--With respect to any NEPA review for a 
Federal authorization to conduct an activity that will directly 
result in a discharge into the navigable waters (within the 
meaning of the Federal Water Pollution Control Act), the 
Commission shall identify as an agency under subsection (d)(1) 
the State in which the discharge originates or will originate, 
or, if appropriate, the interstate water pollution control 
agency having jurisdiction over the navigable waters at the 
point where the discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency 
designated as a participating agency pursuant to paragraph (2) 
may propose to the Commission terms or conditions for inclusion 
in an authorization under section 3 of the Natural Gas Act or a 
certificate of public convenience and necessity under section 7 
of such Act that the State or interstate agency determines are 
necessary to ensure that any activity described in paragraph 
(2) conducted pursuant to such authorization or certification 
will comply with the applicable provisions of sections 301, 
302, 303, 306, and 307 of the Federal Water Pollution Control 
Act.
(4) Commission consideration of conditions.--The Commission 
may include a term or condition in an authorization under 
section 3 of the Natural Gas Act or a certificate of public 
convenience and necessity under section 7 of such Act proposed 
by a State or interstate agency under paragraph (3) only if the 
Commission finds that the term or condition is necessary to 
ensure that any activity described in paragraph (2) conducted 
pursuant to such authorization or certification will comply 
with the applicable provisions of sections 301, 302, 303, 306, 
and 307 of the Federal Water Pollution Control Act.
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a 
Federal authorization required with respect to an application 
for authorization under section 3 of the Natural Gas Act or a 
certificate of public convenience and necessity under section 7 
of such Act set by the Commission under section 15(c)(1) of 
such Act shall be not later than 90 days after the Commission 
completes its project-related NEPA review, unless an applicable 
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal 
authorization required with respect to an application 
for authorization under section 3 of the Natural Gas 
Act or a certificate of public convenience and 
necessity under section 7 of such Act shall formulate 
and implement a plan for administrative, policy, and 
procedural mechanisms to enable the agency to ensure 
completion of Federal authorizations in compliance with 
schedules established by the Commission under section 
15(c)(1) of such Act; and
(B) in considering an aspect of an application for 
a Federal authorization required with respect to an 
application for authorization under section 3 of the 
Natural Gas Act or a certificate of public convenience 
and necessity under section 7 of such Act, shall--
(i) formulate and implement a plan to 
enable the agency to comply with the schedule 
established by the Commission under section 
15(c)(1) of such Act;
(ii) carry out the obligations of that 
agency under applicable law concurrently, and 
in conjunction with, the project-related NEPA 
review conducted by the Commission, and in 
compliance with the schedule established by the 
Commission under section 15(c)(1) of such Act, 
unless the agency notifies the Commission in 
writing that doing so would impair the ability 
of the agency to conduct needed analysis or 
otherwise carry out such obligations;
(iii) transmit to the Commission a 
statement--
(I) acknowledging receipt of the 
schedule established by the Commission 
under section 15(c)(1) of the Natural 
Gas Act; and
(II) setting forth the plan 
formulated under clause (i) of this 
subparagraph;
(iv) not later than 30 days after the 
agency receives such application for a Federal 
authorization, transmit to the applicant a 
notice--
(I) indicating whether such 
application is ready for processing; 
and
(II) if such application is not 
ready for processing, that includes a 
comprehensive description of the 
information needed for the agency to 
determine that the application is ready 
for processing;
(v) determine that such application for a 
Federal authorization is ready for processing 
for purposes of clause (iv) if such application 
is sufficiently complete for the purposes of 
commencing consideration, regardless of whether 
supplemental information is necessary to enable 
the agency to complete the consideration 
required by law with respect to such 
application; and
(vi) not less often than once every 90 
days, transmit to the Commission a report 
describing the progress made in considering 
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State 
agency, including the Commission, fails to meet a deadline for 
a Federal authorization set forth in the schedule established 
by the Commission under section 15(c)(1) of the Natural Gas 
Act, not later than 5 days after such deadline, 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 action to which such deadline applied.
(g) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies 
that may consider an aspect of an application for a 
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 such authorization.
(B) Issue resolution.--The Commission may forward 
any issue of concern identified under subparagraph (A) 
to the heads of the relevant agencies (including, in 
the case of an issue of concern that is a failure by a 
State agency, the Federal agency overseeing the 
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency 
considering an aspect of an application for a Federal 
authorization requires the person applying for such 
authorization to submit data, the agency shall consider any 
such data gathered by aerial or other remote means that the 
person submits. The agency may grant a conditional approval for 
the Federal authorization based on data gathered by aerial or 
remote means, conditioned on the verification of such data by 
subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal 
and State agencies, may allow a person applying for a Federal 
authorization to fund a third-party contractor to assist in 
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an application 
for an authorization under section 3 of the Natural Gas Act or a 
certificate of public convenience and necessity under section 7 of such 
Act that requires multiple Federal authorizations, the Commission, with 
input from any Federal or State agency considering an aspect of the 
application, shall track and make available to the public on the 
Commission's website information related to the actions required to 
complete the Federal authorizations. Such information shall include the 
following:
(1) The schedule established by the Commission under 
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable 
agency to complete permitting, reviews, and other actions 
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each 
such action.
(5) In the event that an action is still pending as of the 
expected date of completion, a brief explanation of the reasons 
for the delay.
(i) Pipeline Security.--In considering an application for an 
authorization under section 3 of the Natural Gas Act or a certificate 
of public convenience and necessity under section 7 of such Act, the 
Federal Energy Regulatory Commission shall consult with the 
Administrator of the Transportation Security Administration regarding 
the applicant's compliance with security guidance and best practice 
recommendations of the Administration regarding pipeline infrastructure 
security, pipeline cybersecurity, pipeline personnel security, and 
other pipeline security measures.

Passed the House of Representatives December 12, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.