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119-s-4300119th CongressWALLET

JOAN Act

Sponsored By: Senator Cotton, Tom [R-AR]

Introduced

Summary

This bill would make the Federal Energy Regulatory Commission (FERC) the lead agency for environmental review of major natural gas projects under the Natural Gas Act. It would push for faster, coordinated federal and state reviews, require other agencies to defer to FERC decisions when possible, and tighten how the administrative record and legal challenges work.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Faster federal permit deadlines and tracking

If enacted, federal authorizations would generally be due no later than 90 days after FERC finishes its NEPA review, unless another law sets a different deadline. Agencies would tell applicants within 30 days if an application is ready or list missing information. Agencies must report progress at least every 90 days and follow schedules set with FERC. FERC would post schedules, agency tasks, expected dates, and contact points for multi-permit projects. Agencies could consider aerial or remote data and grant conditional approvals pending onsite verification. If an agency misses a deadline, its head must notify Congress and FERC within 5 days and propose a plan.

FERC leads gas project reviews

If enacted, FERC would be the lead NEPA agency for Natural Gas Act section 3 permits and section 7 certificates. Within 30 days of an application, FERC would list possible federal, state, local, and tribal participants. FERC would invite them within 45 days and name participants within 60 days unless the entity says it lacks authority, expertise, or will not comment. For projects that could discharge to navigable waters, FERC would identify the State or interstate water-quality agency as a participant. Applicants for these federal permits would not have to provide Clean Water Act section 401 certifications. FERC could include state water-quality conditions only if needed to ensure compliance with key Clean Water Act sections.

Limits on lawsuits and record finality

If enacted, agencies would send their administrative records and a statement of material facts to FERC within 60 days after a core authorization is published. FERC would consolidate and publish the record within 90 days. Parties would have 30 days to object only if the consolidated record omitted materials that were before and considered by the issuing agency. FERC must resolve objections within 60 days and may permit limited supplementation. Once resolved, the consolidated record would be final and closed for judicial review on record contents. A party could not sue on an issue it did not raise during the notice-and-comment period for that authorization. After a civil action is filed, a project sponsor could continue building parts of the project not affected by that lawsuit. A sponsor could also file a separate claim on an issue not previously finally adjudicated, but that separate claim could not be joined with related claims from the same facts.

Sponsors & CoSponsors

Sponsor

Cotton, Tom [R-AR]

AR • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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