S.Amdt. 6512

1. Adds DIVISION L--OTHER ENERGY MATTERS at the end of the bill

   Adds a section

   In H.R. 7776 · Engrossed Amendment House

   (2) by striking "Lighthouse Service" and inserting "Coast Guard".

   Inserted: DIVISION L--OTHER ENERGY MATTERS

   Inserted: TITLE CXXI--MOUNTAIN VALLEY PIPELINE

   Inserted: SEC. 12101. AUTHORIZATION OF MOUNTAIN VALLEY PIPELINE.

   Inserted: (a) Finding.--Congress finds that the timely completion of the construction of the Mountain Valley Pipeline--

   Inserted: (1) is necessary--

   Inserted: (A) to ensure an adequate and reliable supply of natural gas to consumers at reasonable prices;

   Inserted: (B) to facilitate an orderly transition of the energy industry to cleaner fuels; and

   Inserted: (C) to reduce carbon emissions; and

   Inserted: (2) is in the national interest.

   Inserted: (b) Purpose.--The purpose of this section is to require the appropriate Federal officers and agencies to take all necessary actions to permit the timely completion of the construction and operation of the Mountain Valley Pipeline without further administrative or judicial delay or impediment.

   Inserted: (c) Definitions.--In this section:

   Inserted: (1) Commission.--The term "Commission" means the Federal Energy Regulatory Commission.

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   Inserted: (2) Mountain valley pipeline.--The term "Mountain Valley Pipeline" means the Mountain Valley Pipeline Project, as generally described and approved in Federal Energy Regulatory Commission Docket Nos. CP16-10 and CP19-477.

   Inserted: (3) Secretary concerned.--The term "Secretary concerned" means, as applicable--

   Inserted: (A) the Secretary of Agriculture;

   Inserted: (B) the Secretary of the Interior; or

   Inserted: (C) the Secretary of the Army.

   Inserted: (d) Authorization of Necessary Approvals.--

   Inserted: (1) Biological opinion and incidental take statement.--Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall issue a biological opinion and incidental take statement for the Mountain Valley Pipeline, substantially in the form of the biological opinion and incidental take statement for the Mountain Valley Pipeline issued by the United States Fish and Wildlife Service on September 4, 2020.

   Inserted: (2) Additional authorizations.--Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act--

   Inserted: (A) the Secretary of the Interior shall issue all rights-of-way, permits, leases, and other authorizations that are necessary for the construction, operation, and maintenance of the Mountain Valley Pipeline, substantially in the form approved in the record of decision of the Bureau of Land Management entitled "Mountain Valley Pipeline and Equitrans Expansion Project Decision to Grant Right-of-Way and Temporary Use Permit" and dated January 14, 2021;

   Inserted: (B) the Secretary of Agriculture shall amend the Land and Resource Management Plan for the Jefferson National Forest as necessary to permit the construction, operation, and maintenance of the Mountain Valley Pipeline within the Jefferson National Forest, substantially in the form approved in the record of decision of the Forest Service entitled "Record of Decision for the Mountain Valley Pipeline and Equitrans Expansion Project" and dated January 2021;

   Inserted: (C) the Secretary of the Army shall issue all permits and verifications necessary to permit the construction, operation, and maintenance of the Mountain Valley Pipeline across waters of the United States; and

   Inserted: (D) the Commission shall--

   Inserted: (i) approve any amendments to the certificate of public convenience and necessity issued by the Commission on October 13, 2017 (161 FERC 61,043); and

   Inserted: (ii) grant any extensions necessary to permit the construction, operation, and maintenance of the Mountain Valley Pipeline.

   Inserted: (e) Authority to Modify Prior Decisions or Approvals.--In meeting the applicable requirements of subsection (d), a Secretary concerned may modify the applicable prior biological opinion, incidental take statement, right-of-way, amendment, permit, verification, or other authorization described in that subsection if the Secretary concerned determines that the modification is necessary--

   Inserted: (1) to correct a deficiency in the record; or

   Inserted: (2) to protect the public interest or the environment.

   Inserted: (f) Relationship to Other Laws.--

   Inserted: (1) Determination to issue or grant.--The requirements of subsection (d) shall supersede the provisions of any law (including regulations) relating to an administrative determination as to whether the biological opinion, incidental take statement, right-of-way, amendment, permit, verification, or other authorization shall be issued for the Mountain Valley Pipeline.

   Inserted: (2) Savings provision.--Nothing in this section limits the authority of a Secretary concerned or the Commission to administer a right-of-way or enforce any permit or other authorization issued under subsection (d) in accordance with applicable laws (including regulations).

   Inserted: (g) Judicial Review.--

   Inserted: (1) In general.--The actions of the Secretaries concerned and the Commission pursuant to subsection (d) that are necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline shall not be subject to judicial review.

   Inserted: (2) Other actions.--The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over--

   Inserted: (A) any claim alleging--

   Inserted: (i) the invalidity of this section; or

   Inserted: (ii) that an action is beyond the scope of authority conferred by this section; and

   Inserted: (B) any claim relating to any action taken by a Secretary concerned or the Commission relating to the Mountain Valley Pipeline other than an action described in paragraph (1).

   Original wording

   At the end, add the following:

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As printed