THE DAILY WHIP: WEDNESDAY, JULY 19, 2017

H.Res. 454– Rule providing for consideration of H.R. 2910– Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (Rep. Flores – Energy and Commerce), H.R. 2883– Promoting Cross-Border Energy Infrastructure Act (Rep. Mullin – Energy and Commerce), and H.R. 218 – King Cove Road Land Exchange Act (Rep. Young (AK) – Natural Resources) (One hour of debate). The Rules committee has recommended one Rule which provides for consideration of three bills.

For H.R. 2910, theRules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Energy and Commerce.  The Rule provides for consideration of 3 amendments, debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

For H.R. 2883, theRules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Energy and Commerce.  The Rule provides for consideration of 3 amendments, debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. 

For H.R. 218, theRules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Natural Resources.  The Rule provides for consideration of 3 amendments, debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. 

The Rule also allows for Suspension Authority on the legislative day of July 20, 2017 for H.R. 2825 - DHS Authorization Act, as amended.  Members are urged to VOTE NO.

H.R. 2910 – Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (Rep. Flores – Energy and Commerce) (One hour of debate). H.R. 2910 sets statutory deadlines for the Federal Energy Regulatory Commission (FERC) to act when considering permits for natural gas pipelines, while allowing FERC to impose deadlines on other federal and state agencies when it comes to these permits.  According to FERC, almost 90 percent of natural gas pipelines are permitted within one year, calling into question the need for this legislation. 

Proponents of H.R. 2910 argue that the ninety day permit deadline the bill imposes once FERC completes the National Environmental Policy Act (NEPA) review will help to streamline the process for approving natural gas pipelines by increasing transparency, predictability, accountability, and timeliness.  But Congress has already enacted legislation in 2015 to address this issue.  Title 41 of H.R. 22 – FAST Act, which passed the House with strong bipartisan support on a vote of 359 – 65, created the Federal Permitting Improvement Steering Council (FPISC) to improve the timeliness and transparency of the Federal environmental review process for natural gas pipelines and other projects.  This council is currently overseeing and coordinating the permitting process for 32 major infrastructure projects, including seven interstate natural gas pipelines.

H.R. 2910 short circuits the process for considering natural gas pipeline project applications at the expense of private property owners, state and tribal rights, and the environment.  The bill removes protections for landowners by limiting the already few opportunities for landowners to protect their property by challenging the creation of a new pipeline or extending an existing pipeline through their property.  It would also require federal and state agencies to accept aerial survey data, and provides that such agencies may grant conditional approvals based on that data. This provision allows companies building natural gas pipelines the ability to circumvent property owners’ rights when surveying land.

Instead of wasting time on unnecessary, duplicative legislation, House Republicans need to pass a budget and ensure that America can pay its bills.  Additionally, with just two weeks left before August district work period, Republicans have not brought a single appropriations bill to the House Floor, and they have not acted on jobs legislation.   

The Rule makes in order 3 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Tsongas/McGovern/Beyer Amendment. Limits applicability of the bill if any part of the natural gas pipeline project is located on lands managed for natural resource conservation or recreation purposes.
Lynch Amendment. Seeks to improve pipeline security by directing FERC to consult with the Transportation Security Administration regarding the extent of the project applicant’s compliance with security guidance and best practices on pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other measures designed to ensure the public safety.
Beyer Amendment. Improves FERCs public comment and transparency process by requiring a Supplemental Environmental Impact Statement if FERC makes substantial changes to the proposed pipeline project.

Bill Text for H.R. 2910:
PDF Version

Background for H.R. 2910:
House Report (HTML Version)
House Report (PDF Version)

H.R. 2883– Promoting Cross-Border Energy Infrastructure Act (Rep. Mullin – Energy and Commerce)(One hour of debate).  This bill would eliminate the current requirement that proposed oil and natural gas pipelines and electric transmission line projects that cross the U.S. border with Mexico or Canada obtain a Presidential permit.  To receive a Presidential permit under current law (the process used for the Keystone XL pipeline), a project must have a completed environmental review and a determination must be made that the project is in the national interest. 

The bill would create a new approval process under which only the cross-border segment of a project – that is, the limited portion of a project where it crosses the international border – would be subject to a National Environment Policy Act (NEPA) review. Additionally, it would exempt plans to expand or modify existing cross-border pipelines and transmission lines from any federal approval or environmental review.  It would also allow for the Federal Energy Regulation Commission (FERC) and the Secretary of the Department of Energy to supersede environmental regulations and approve the permit.

With less than two weeks before the August district work period, House Republicans are wasting time.  It’s been six months since President Trump was inaugurated, and Republicans have not acted on jobs legislation or a budget.  The American people are waiting for action, and it is time for House Republicans to act on the issues Americans care about.   

The Rule makes in order 3 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Engel Amendment. Ensures that permitting authority for cross-border pipelines remains with the Department of State.
Tsongas/McGovern/Beyer Amendment. Prevents FERC from issuing a certificate of crossing if any part of the oil or natural gas pipeline project is located on lands managed for natural resource conservation or recreation purposes.
Veasey Amendment. Savings clause on NEPA reviews for border crossing facilities.

Bill Text for H.R. 2883:
PDF Version

Background for H.R. 2883:
House Report (HTML Version)
House Report (PDF Version)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, July 20: The House will meet at 9:00 a.m. for legislative business.  The House is expected to complete consideration of H.R. 218 – King Cove Road Land Exchange Act (Rep. Young (AK) – Natural Resources).  The House is also expected to consider H.R. 2825 – DHS Authorization Act of 2017 – under suspension of the Rules.