Expedited permitting

The Natural Gas Act is amended by adding after section 15 (15 U.S.C. 717n) the following: 15A. Expedited permitting (a) Definitions In this section: (1) Covered application The term covered application means an application for an authorization under section 3 or a certificate of public convenience and necessity under section 7, as applicable, for activities that include construction. (2) Federal authorization The term Federal authorization has the meaning given such term in section 15(a). (b) Expedited review (1) Notification of election and payment of fee Prior to submitting a covered application, an applicant may elect to obtain an expedited review of authorizations pursuant to Sections 3 and 7 of the Natural Gas Act for the approval of such covered application by— (A) submitting to the Commission a written notification— (i) of the election; and (ii) that identifies each Federal authorization required for the approval of the covered application and each Federal, State, or interstate agency that will consider an aspect of each such Federal authorization; and (B) making a payment to the Secretary of the Treasury in an amount that is the lesser of— (i) one percent of the expected cost of the applicable construction, as determined by the applicant; or (ii) $10,000,000 (adjusted for inflation, as the Secretary of the Treasury determines necessary). (2) Submission and review of applications (A) Application Not later than 60 days after the date on which an applicant elects to obtain an expedited review under paragraph (1), the applicant shall submit to the Commission the covered application for which such election for an expedited review was made, which shall include— (i) the scope of the applicable activities, including capital investment, siting, temporary construction, and final workforce numbers; (ii) the industrial sector of the applicant, as classified by the North American Industry Classification System; and (iii) a list of the statutes and regulations that are relevant to the covered application. (B) Approval (i) Standard deadline Except as provided in clause (ii), not later than one year after the date on which an applicant submits a covered application pursuant to subparagraph (A)— (I) each Federal, State, or interstate agency identified under paragraph (1)(A)(ii) shall— (aa) review the relevant Natural Gas Act sections 3 or 7 authorization identified under such paragraph; and (bb) subject to any conditions determined by such agency to be necessary to comply with the requirements of the Federal law under which such approval is required, approve such Federal authorization; and (II) the Commission shall— (aa) review the covered application; and (bb) subject to any conditions determined by the Commission to be necessary to comply with the requirements of this Act, approve the covered application. (ii) Extended deadline (I) Extension With respect to a covered application submitted pursuant to subparagraph (A), the Commission may approve a request by an agency identified under paragraph (1)(A)(ii) for an extension of the one-year deadline imposed by clause (i) of this subparagraph for a period of 6 months if the Commission receives consent from the relevant applicant. (II) Applicability If the Commission approves a request for an extension under subclause (I), such extension shall apply to the applicable covered application and the Federal authorization for which the extension was requested. (C) Effect of failure to meet deadline (i) Deemed approval Any covered application submitted pursuant to subparagraph (A), or Federal authorization that is required with respect to such covered application, that is not approved by the applicable deadline under subparagraph (B) shall be deemed approved in perpetuity. (ii) Compliance A person carrying out activities under a covered application or Federal authorization that has been deemed approved under clause (i) shall comply with the requirements of the Natural Gas Act. (c) Judicial review (1) Reviewable claims (A) In general No court shall have jurisdiction to review a claim with respect to the approval of a covered application or Federal authorization under subparagraph (B) or (C)(i) of subsection (b)(2), except for a claim under chapter 7 of title 5, United States Code, filed not later than 180 days after the date of such approval by— (i) the applicant; or (ii) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the approval. (B) Claims by certain non-applicants An association may only bring a claim on behalf of one or more of its members pursuant to subparagraph (A)(ii) if each member of the association has suffered, or likely and imminently will suffer, the harm described in subparagraph (A)(ii). (2) Standard of review If an applicant or other person brings a claim described in paragraph (1) with respect to the approval of a covered application or Federal authorization under subsection (b)(2)(B), the court shall hold unlawful and set aside any agency actions, findings, and conclusions in accordance with section 706(2) of title 5, United States Code, except that, for purposes of the application of subparagraph (E) of such section, the court shall apply such subparagraph by substituting clear and convincing evidence for substantial evidence. (3) Exclusive jurisdiction The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim— (A) alleging the invalidity of subsection (b); or (B) that an agency action relating to a covered application or Federal authorization under subsection (b) is beyond the scope of authority conferred by the Federal law under which such agency action is made..