Section 1 Short title
This Act may be cited as the “National Security Interstate Pipeline Act”.
National Security Interstate Pipeline Act
A BILL
To provide for the expedited approval of interstate oil and natural gas pipelines that are critical to the national security of the United States.
Sec. 2 Findings
Congress finds the following:
Reliable transportation of oil and natural gas across the United States is essential to national defense, military readiness, and the defense industrial base.
Constraints in regional energy supply create vulnerabilities for military installations, critical infrastructure, and industrial capacity.
Interstate pipeline infrastructure is the most efficient, secure, and scalable method for transporting large volumes of energy resources.
Fragmented Federal, State, and local permitting processes create delays that undermine the timely development of critical energy infrastructure.
It is in the national interest to ensure the rapid development of interstate energy transportation systems necessary to support national security objectives.
Sec. 3 Expedited approval of interstate oil and natural gas pipelines critical to the national security of the United States
Designation of covered pipeline projects—
Authority— The President may designate an interstate pipeline as a covered pipeline project if the President determines that the interstate pipeline is necessary to ensure energy supply for military installations, the defense industrial base, or critical infrastructure resilience.
Publication— Each designation of an interstate pipeline as a covered pipeline project under this section shall be transmitted to Congress and published in the Federal Register.
Exclusive Federal siting and permitting authority—
Exclusive authority— Notwithstanding any other provision of law, the Commission shall have exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of a covered pipeline project.
Certificate— Upon the filing of an application to site, construct, expand, or operate a covered pipeline project, the Commission shall issue or deny a certificate authorizing such siting, construction, expansion, or operation accordingly.
Lead agency— The Commission shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews of a covered pipeline project.
Acquisition of property interests—
Authority to acquire— A holder of a certificate issued under subsection (b) may acquire any right-of-way, easement, or other interest in real property necessary for the siting, construction, expansion, or operation of the covered pipeline project for which the certificate was issued, by—
negotiation and purchase; or
the exercise of the right of eminent domain in the district court of the United States for the district in which the property is located, or in the appropriate court of the State in which the property is located, in accordance with paragraph (2).
Conditions on eminent domain—
Good faith negotiation required— A certificate holder may not commence a proceeding under paragraph (1)(B) unless the certificate holder has made a good-faith effort to acquire the necessary property interest by negotiation, including a written offer of just compensation to the owner of record not later than 60 days before commencing such proceeding.
Just compensation— Any acquisition under this subsection shall be subject to the payment of just compensation, as determined in accordance with the fair market value of the property interest acquired.
Temporary workspace distinguished— Compensation for a temporary construction easement shall be calculated separately from, and shall not be based on, the valuation methodology applied to a permanent right-of-way or easement, and shall account for the duration and scope of the temporary use.
Severance damages— Where an acquisition under this subsection affects less than the entirety of a parcel of real property, just compensation shall include any diminution in the fair market value of the remaining property proximately caused by the acquisition.
Date of valuation— Fair market value under this subsection shall be determined as of the date on which the certificate holder files a complaint in condemnation under paragraph (1)(B), or the date of taking, whichever is earlier.
Procedure— Except as otherwise provided in this subsection, a proceeding under paragraph (1)(B) shall be conducted in accordance with rule 71.1 of the Federal Rules of Civil Procedure, or the applicable procedure of the State in which the property is located, as appropriate.
Notice to landowners— Not later than 30 days before filing a complaint in condemnation under paragraph (1)(B), a certificate holder shall provide written notice to the owner of record of the affected property, which shall include—
a description of the property interest sought;
a written appraisal of the fair market value of the property interest, prepared by a qualified independent appraiser; and
a statement of the owner’s right to obtain an independent appraisal and to contest the amount of compensation offered.
Expedited review—
Timelines— Notwithstanding any other provision of law, if—
not later than 180 days after an application for a certificate is submitted under subsection (b), a Federal agency does not complete an action that is required with respect to a Federal authorization, including any proceeding, opinion, review, or decision, or related environmental review, such requirement shall be deemed satisfied and, if applicable, such Federal authorization shall be deemed approved; and
not later than 60 days after an application for a certificate is submitted under subsection (b), a State, local, or Tribal agency does not complete an action that is required with respect to a Federal authorization, including any proceeding, opinion, review, or decision, or related environmental review, such requirement shall be deemed satisfied and, if applicable, such Federal authorization shall be deemed approved.
Limitation on alternatives— Notwithstanding any other provision of law, in conducting any action with respect to a Federal authorization, including any proceeding, opinion, review, or decision, or related environmental review with respect to a covered pipeline project that requires the consideration of alternatives, including reviews under the National Environmental Policy Act of 1969, Federal and State agencies shall consider alternatives that are technically and economically feasible and consistent with national security objectives, as determined by the Commission, in consultation with the Secretary of Energy and the Secretary of Defense.
Federal preemption of state and local requirements—
In general— No State, Tribal, or local government may enforce any law or regulation that—
prohibits the siting, construction, expansion, or operation of a covered pipeline project or imposes any requirement, condition, limitation, or standard that would reasonably be expected to delay, increase the cost of, or otherwise impede the siting, construction, expansion, or operation, of a covered pipeline project; or
imposes any requirement, condition, limitation, or standard on the siting, construction, expansion, or operation of a covered pipeline project that is inconsistent with a certificate issued under subsection (b).
Limitation on State permitting— No State, Tribal, or local permit, approval, or certification shall be required for a covered pipeline project. Any such permit, approval, or certification may be issued for advisory purposes only and shall have no binding effect on the siting, construction, expansion or operation of the covered pipeline project.
Rule of construction— Nothing in the section shall be construed to revise or alter the duties or authorities of the Commission with respect to any pipeline project that is not a covered pipeline project.
National security waiver authority— The President may waive compliance any requirement of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if necessary to prevent unacceptable delay, as determined by the President, of the siting, construction, expansion, or operation of a covered pipeline project.
Congressional notification and oversight—
Notification— The President shall notify Congress not later than 7 days after any designation under subsection (a) or waiver under subsection (f).
Quarterly reports— The President shall submit to Congress quarterly reports on all covered pipeline projects, including any waiver with respect to a covered pipeline project under subsection (f), and the status of each such covered pipeline project.
Delegation—
In general— The President may delegate any authority or responsibility under subsection (a), subsection (f), or subsection (g) to the Secretary of Energy.
Consultation— If the Secretary of Energy is delegated authority or responsibility pursuant to subparagraph (A), the Secretary of Energy shall exercise such authority or responsibility in consultation with the Secretary of Defense.
Judicial review—
Exclusive jurisdiction— Any claim arising under this Act shall be filed exclusively in the United States Court of Appeals for the District of Columbia Circuit.
Expedited review— The United States Court of Appeals for the District of Columbia Circuit shall expedite review of any claim arising under this Act to the maximum extent practicable.
Standard of review— Federal agency actions taken pursuant to this Act shall be upheld unless found to be arbitrary, capricious, or contrary to law.
Definitions— In this Act:
Commission— The term Commission means the Federal Energy Regulatory Commission.
Covered pipeline project— The term covered pipeline project means any interstate pipeline for the transportation of crude oil, refined petroleum products, or natural gas, that is designated under subsection (a).
Critical infrastructure resilience— The term critical infrastructure resilience means resilience of systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.
Defense industrial base— The term defense industrial base has the meaning given such term in section 236.2 of title 32, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Federal authorization— The term Federal authorization—
means any authorization required under Federal law with respect to an application for a certificate under subsection (b); and
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 under subsection (b).
Military installation— The term military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department under the operational control of the Secretary of a military department or the Secretary of Defense, without regard to the duration of operational control.