S. 4300

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4300 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4300

To promote interagency coordination for reviewing certain 
authorizations under the Natural Gas Act, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 15 (legislative day, April 14), 2026

Mr. Cotton introduced the following bill; which was read twice and 
referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

A BILL

To promote interagency coordination for reviewing certain 
authorizations under 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 ``Jurisdictional Oversight and 
Adjudication for Natural Gas Act'' or the ``JOAN Act''.

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

(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 (15 U.S.C. 717b) or a 
certificate of public convenience and necessity under section 7 
of such Act (15 U.S.C. 717f).
(b) Commission NEPA Review Responsibilities.--In acting as the lead 
agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 
717n(b)(1)) 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 (15 U.S.C. 
717b) or a certificate of public convenience and necessity under 
section 7 of such Act (15 U.S.C. 717f), 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 reasonably required 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 (15 U.S.C. 717b) 
or a certificate of public convenience and necessity under section 7 of 
such Act (15 U.S.C. 717f), 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 (15 
U.S.C. 717b) or a certificate of public convenience and 
necessity under section 7 of such Act (15 U.S.C. 717f), 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 (15 U.S.C. 717b) 
or a certificate of public convenience and necessity 
under section 7 of such Act (15 U.S.C. 717f), 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 (15 U.S.C. 
717b) or a certificate of public convenience and necessity 
under section 7 of such Act (15 U.S.C. 717f), 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 (15 U.S.C. 
717b) or a certificate of public convenience and necessity 
under section 7 of such Act (15 U.S.C. 717f) 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 designation and non-designation.--Designation 
or non-designation of an agency as a participating agency under 
paragraph (3) with respect to an application for an 
authorization under section 3 of the Natural Gas Act (15 U.S.C. 
717b) or a certificate of public convenience and necessity 
under section 7 of such Act (15 U.S.C. 717f) may not serve as 
evidence of an incomplete record before a court.
(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 (33 U.S.C. 
1251 et seq.)), 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 (15 
U.S.C. 717b) or a certificate of public convenience and 
necessity under section 7 of such Act (15 U.S.C. 717f) 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 (33 U.S.C. 1311, 
1312, 1313, 1316, 1317).
(4) Commission consideration of conditions.--The Commission 
may include a term or condition in an authorization under 
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a 
certificate of public convenience and necessity under section 7 
of such Act (15 U.S.C. 717f) 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 (33 U.S.C. 1311, 1312, 
1313, 1316, 1317).
(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 (15 
U.S.C. 717b) or a certificate of public convenience and 
necessity under section 7 of such Act (15 U.S.C. 717f) set by 
the Commission under section 15(c)(1) of such Act (15 U.S.C. 
717n(c)(1)) 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 (15 U.S.C. 717b) or a certificate of public 
convenience and necessity under section 7 of such Act 
(15 U.S.C. 717f) 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 
(15 U.S.C. 717n(c)(1)); 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 (15 U.S.C. 717b) or a certificate of 
public convenience and necessity under section 7 of 
such Act (15 U.S.C. 717f), 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 (15 U.S.C. 717n(c)(1));
(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) (15 U.S.C. 
717n(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 (15 U.S.C. 717n(c)(1)); 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 
(15 U.S.C. 717n(c)(1)), 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.--
(A) In general.--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.
(B) Conditional approval.--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 (15 U.S.C. 
717b) or a certificate of public convenience and necessity under 
section 7 of such Act (15 U.S.C. 717f) 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 website of the Commission 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 (15 U.S.C. 717n(c)(1)).
(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.

SEC. 3. ACCELERATION OF CLAIMS.

(a) Definitions.--In this section:
(1) Civil action.--The term ``civil action'' means an 
initial claim challenging a core authorization for a covered 
project.
(2) Commission.--The term ``Commission'' means the Federal 
Energy Regulatory Commission.
(3) Core authorization.--The term ``core authorization'' 
means a Federal authorization issued pursuant to section 3(e) 
or section 7(c) of the Natural Gas Act (15 U.S.C. 717b(e), 
717f(c)).
(4) Covered project.--The term ``covered project'' means a 
project requiring a core authorization.
(5) Federal authorization.--The term ``Federal 
authorization'' means any license, permit, approval, finding, 
determination, or administrative decision issued by an agency, 
and any interagency consultation that is required or authorized 
under Federal law, to site, construct, reconstruct, abandon, or 
commence operations of a covered project administered by--
(A) a Federal agency; or
(B) in the case of a State participating in or 
administering a review required or authorized under 
Federal law, as applicable, a State agency.
(6) Project sponsor.--The term ``project sponsor'' means 
any person, including a State, Tribal, or local government 
entity, that--
(A) is an applicant for, or holder of, a core 
authorization or any other Federal authorization for a 
covered project; or
(B) otherwise proposes to site, construct, 
reconstruct, own, or operate a covered project.
(7) Related claim.--The term ``related claim'' means a 
claim challenging a Federal authorization that is joined to a 
civil action after that civil action has been filed.
(b) Final Agency Action.--Notwithstanding any other provision of 
law, issuance of a core authorization for a covered project shall be 
considered a final agency action for the purposes of chapter 7 of title 
5, United States Code, with respect to all Federal authorizations 
required for that covered project.
(c) Claims.--
(1) Sole and exclusive relief.--
(A) In general.--The filing and final adjudication 
of a civil action shall constitute the sole and 
exclusive means of judicial review and relief with 
respect to the applicable covered project and all 
Federal authorizations issued for that covered project.
(B) Bar on subsequent actions.--After the final 
adjudication of a civil action, any subsequent cause of 
action or challenge, whether statutory, procedural, or 
substantive, related to or connected with the 
applicable covered project or any Federal authorization 
for that covered project brought by any party except 
the project sponsor shall be barred and dismissed for 
lack of jurisdiction.
(2) Venue.--
(A) In general.--A civil action shall be filed 
exclusively in--
(i) the United States Court of Appeals for 
the District of Columbia Circuit; or
(ii) the court of appeals of the United 
States for the judicial circuit in which the 
principal place of business of the project 
sponsor for the applicable covered project is 
located.
(B) Related claims.--After a civil action is filed 
in an applicable court described in subparagraph (A), 
all related claims arising out of the same nucleus of 
operative fact as that civil action shall be joined or 
consolidated to that court for adjudication.
(3) Time to file.--A civil action and all related claims 
arising out of the same nucleus of operative fact shall be 
filed with the applicable court by the earlier of--
(A) the date that is 60 days after the core 
authorization is published in the Federal Register; and
(B) the statutory deadline required for causes of 
action relating to that core authorization.
(4) Judicial review.--
(A) In general.--Subject to subsection (d), the 
filing and final adjudication of a civil action shall 
constitute the only opportunity for judicial review of 
the applicable covered project and all Federal 
authorizations issued for that covered project.
(B) Scope.--Judicial review of a civil action and 
any related claim arising out of the same nucleus of 
operative fact under this section--
(i) shall--
(I) be limited to the finalized 
consolidated record under subsection 
(g)(3)(C); and
(II) be based exclusively on that 
finalized consolidated record; and
(ii) shall not take evidence, permit 
discovery, receive testimony, or engage in 
fact-finding.
(C) Preliminary injunctions.--
(i) Multiplicative merit standard.--In any 
civil action seeking a preliminary injunction 
or a temporary restraining order to halt a 
Federal action based on an alleged violation of 
this Act, the applicable court shall determine 
the likelihood of success on the merits by 
calculating the cumulative probability of 
success across all independent legal and 
jurisdictional requirements.
(ii) Probabilistic calculation.--A court 
may not find a likelihood of success on the 
merits under clause (i) unless the product of 
the probabilities of success for each 
independent legal and jurisdictional 
requirement, including standing under article 
III of the Constitution of the United States, 
final agency action, and the merits of the 
underlying claim, exceeds 50 percent.
(iii) Written findings.--The court under 
clause (ii) shall issue written findings of 
fact and conclusions of law specifying--
(I) the estimated probability of 
success assigned to each independent 
legal and jurisdictional requirement; 
and
(II) the cumulative probability of 
success.
(D) Deadline.--If the applicable court does not 
issue a final determination for a filed civil action 
and all related claims arising out of the same nucleus 
of operative fact by the date that is 180 days after 
the expiration of the applicable timeline described in 
paragraph (3), the core authorization and all 
associated Federal authorizations for the applicable 
covered project shall be considered approved and not 
subject to further review.
(E) Identification of factual determinations.--For 
the purposes of judicial review, the statements of 
material fact submitted under subsection (g)(2) shall 
not constitute independent evidence or a freestanding 
factual determination apart from the cited 
administrative record material.
(5) Relief.--
(A) In general.--In reviewing a civil action, the 
applicable court may not--
(i) issue an injunction lasting for a 
period exceeding 60 days;
(ii) enjoin any covered project activity 
unrelated to a specific issue identified by the 
court; or
(iii) grant permanent injunctive relief 
unless the plaintiff demonstrates by clear and 
convincing evidence that--
(I) the plaintiff has suffered an 
irreparable injury;
(II) remedies available at law, 
including monetary damages, are 
inadequate to compensate for the 
irreparable injury;
(III) considering the balance of 
hardships between the plaintiff and 
defendant, a remedy in equity is 
warranted; and
(IV) the public interest would not 
be disserved by a permanent injunction.
(B) Permanent injunction.--Any permanent injunction 
issued by a court pursuant to this subsection shall be 
supported by a finding, by clear and convincing 
evidence, of extraordinary circumstances, and shall be 
as narrowly tailored as possible to correct the injury 
and the least intrusive means necessary to correct the 
injury.
(C) Security for injunctive relief.--Any court 
issuing a temporary restraining order or preliminary 
injunction in a civil action under this section shall 
require the movant to provide security in an amount 
that the court considers proper to pay the costs and 
damages sustained by any party found to have been 
wrongfully enjoined or restrained, consistent with rule 
65(c) of the Federal Rules of Civil Procedure.
(6) No remand with vacatur.--In reviewing a civil action, 
the applicable court may not issue a remedy of remand with 
vacatur.
(7) Project segmentation.--After the filing of a civil 
action, the project sponsor for the implicated covered project 
may continue construction for any part of the covered project 
that is unaffected by the civil action.
(8) Prohibited civil actions.--A civil action may not be 
filed by any party that did not raise the issue giving rise to 
that civil action during the notice and comment period for the 
applicable Federal authorization.
(d) Project Sponsor Exception.--
(1) In general.--Notwithstanding subsection (c), a project 
sponsor may bring a separate claim challenging a Federal 
authorization for an applicable covered project regardless of 
whether a civil action concerning that Federal authorization 
has been filed and adjudicated, subject to the condition that 
the specific underlying issue of that separate claim has not 
previously been finally adjudicated.
(2) No related claims.--A claim described in paragraph (1) 
may not be joined by a related claim or any other claim arising 
out of the same nucleus of operative fact.
(e) Effect on Substantive Standards.--Nothing in this section 
alters substantive environmental requirements or reduces opportunities 
for public comment under applicable Federal law.
(f) Multiple Core Authorizations.--If more than 1 Federal agency 
issues a core authorization for a covered project, the Commission shall 
be the lead agency for purposes of an environmental review for the 
covered project under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), if applicable.
(g) Statement of Material Facts and Technical Findings.--
(1) Definition of statement of material fact.--In this 
subsection, the term ``statement of material fact'' means a 
citation index identifying, by specific record citation, the 
portions of the administrative record that set forth the 
material factual determinations and technical conclusions 
relied on in a Federal authorization for a covered project.
(2) Transmission.--Not later than 60 days after the date of 
publication of a core authorization in the Federal Register, 
each Federal agency that issued, or is required to issue, a 
Federal authorization for the applicable covered project shall 
submit to the Commission--
(A) the administrative record for that Federal 
authorization; and
(B) a statement of material fact and technical 
conclusions that identifies, by specific citation to 
the administrative record, the portions of the record 
containing the material factual determinations and 
technical conclusions relied on by the Federal agency.
(3) Consolidated administrative record.--
(A) Consolidate and publish.--Not later than 90 
days after the date of publication of a core 
authorization in the Federal Register, the Commission 
shall--
(i) consolidate the submissions under 
paragraph (2) (referred to in this subsection 
as the ``consolidated administrative record''); 
and
(ii) publish a notice of availability of 
the consolidated administrative record.
(B) Objections.--
(i) In general.--Not later than 30 days 
after the date of publication of the notice 
under subparagraph (A), any party may submit to 
the Commission a written objection limited to 
whether the consolidated administrative record 
omits materials--
(I) that were before the Federal 
agency; and
(II) that were directly or 
indirectly considered in issuing a 
Federal authorization.
(ii) No merits.--An objection to the 
consolidated administrative record submitted 
under clause (i) may not--
(I) raise merit arguments; or
(II) seek discovery, testimony, or 
new evidence.
(iii) Resolution.--Not later than 60 days 
after the date of publication of the notice 
under subparagraph (A), the Commission shall 
resolve each objection to the consolidated 
administrative record submitted under clause 
(i) and, as necessary, direct limited 
supplementation of the consolidated 
administrative record by the relevant Federal 
agency.
(C) Closure.--After all objections to the 
consolidated administrative record are resolved under 
subparagraph (B)(iii)--
(i) the consolidated administrative record 
shall be considered final and closed; and
(ii) the Commission shall issue a public 
written order indicating the consolidated 
administrative record is finalized and closed.
(D) Final agency action.--The written order of the 
Commission under subparagraph (C)(ii) shall constitute 
a final agency action for the purposes of chapter 7 of 
title 5, United States Code, solely with respect to the 
contents and completeness of the consolidated 
administrative record.
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