ENERGY INDEPENDENCE AND SECURITY ACT OF 2022
(to be included in the Continuing Resolution)
SUBTITLE A: ACCELERATING AGENCY REVIEWS
Sec. 1. Definitions.
This section provides definition for the bill.
Sec. 2. Streamlining Process for Authorizations and Reviews of Energy and
Natural Resources Projects.
Based on existing law streamlining provisions enacted by Congress for transportation
projects (roads, highways, bridges, rail, and transit) that have been in the code since 1998,
expanded by Congress in 2012 and 2015 and most recently modified by the 2021
Infrastructure Investment and Jobs Act (IIJA). These provisions also make changes to the
“FAST-41” infrastructure law which was created during the Obama Administration (in title
41 of the 2015 FAST Act) and made permanent in the 2021 IIJA.
- Sets a 2-year target for National Environmental Policy Act (NEPA) reviews for major energy and natural resource projects which require a full environmental impact statement and reviews from more than one federal agency and a 1-year target for projects which require an environmental assessment. Also requires issuance of all other permits within 180 days of finishing the NEPA process.
- Designates a lead agency to coordinate project reviews and expands the use of shared interagency environmental review documents and concurrent agency reviews.
- Sets the 150 day statute of limitations for court challenges, requires random assignment of judges to cases consistent with current practice, and requires courts to set and enforce reasonable schedule (of no more than 180 days) for agencies to act on remanded or vacated permits.
- Establishes dispute resolution procedures for resolving project disagreements without delays.
Sec. 3. Prioritizing Energy Projects of Strategic National Importance.
Requires the President to designate and prioritize reviews for a list of strategically important
energy and mineral projects. Designation identifies these projects as national priorities for the
American public, energy producers and consumers, energy workers, and our international
Sec. 4. Empowering the Federal Permitting Improvement Steering Council
and Improving Reviews.
Makes changes to the existing FAST-41 permitting law related to energy and natural
SUBTITLE B: MODERNIZING PERMITTING LAWS
Sec. 1. State Certification under the Clean Water Act.
Specifies procedures for state certification that projects comply with applicable water quality
Sec. 2. Transmission.
Expands an existing authority to give the Federal government increased permitting authority
for transmission lines found by the Secretary of Energy to be in the national interest, requires
the Federal Energy Regulatory Commission (FERC) to ensure project costs are allocated to
customers that benefit, and allows FERC to approve payments from utilities to jurisdictions
impacted by a project.
Sec. 3. Definition of Natural Gas Under the Natural Gas Act.
Clarifies that the Federal Energy Regulatory Commission has jurisdiction to regulate
interstate hydrogen infrastructure in addition under the Natural Gas Act in addition to
interstate natural gas infrastructure currently regulated under the Natural Gas Act.
Sec. 4. Authorization of the Mountain Valley Pipeline.
Requires federal agencies to issue all approval and permits necessary for the construction of
the Mountain Valley Pipeline.