Floor SpeechNeutral2026-06-23

Text of Senate Amendment 5945

EnvironmentDefenseInfrastructure

Context

On 2026-06-23, Senator Alan Armstrong (R-OK) delivered a floor speech titled "Text Of Senate Amendment 5945" in the Senate.

Full Text

Text of Senate Amendment 5945

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Pages S3089-S3097] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5945. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: DIVISION E--AMERICAN ENERGY AND MINERAL INFRASTRUCTURE SEC. 4801. SHORT TITLE. This division may be cited as the ``American Energy and Mineral Infrastructure Act of 2026''. SEC. 4802. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS PIPELINES. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Environmental review.--The term ``environmental review'' means the process of preparing, for a proposed agency action in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)-- (A) an environmental impact statement; (B) an environmental assessment; (C) a categorical exclusion; and (D) a finding of no significant impact. (3) Federal authorization.--The term ``Federal authorization'' has the meaning given that term in section 15(a) of the Natural Gas Act (15 U.S.C. 717n(a)). (4) Project-related environmental review.--The term ``project-related environmental review'' means any environmental review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f). (b) Commission Responsibilities.--In acting as the lead agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall, in accordance with this section and other applicable Federal law-- (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related environmental review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review. (c) Deference to Commission.--In making a decision with respect to a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related environmental review that the Commission determines to be appropriate. (d) Participating Agencies.-- (1) Identification.--The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate. (2) Invitation.-- (A) In general.--Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization. (B) Deadline.--An agency invited under subparagraph (A) shall submit a response to the Commission by not later than 30 days after the date the invitation is received, which may be extended by the Commission for good cause for a period of not more than 15 days. [[Page S3090]] (C) Failure to meet deadline.--If an agency invited under subparagraph (A) fails to meet the deadline described in subparagraph (B), the agency shall not be considered a participating or cooperating agency. (3) Designation as participating agencies.--Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to that application unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency-- (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related environmental review; or (C) does not intend to submit comments for the record for the project-related environmental review conducted by the Commission. (e) Comment Deadline.--The Commission is not required to respond to comments regarding a Federal authorization submitted after the applicable comment period is over. (f) Water Quality Impacts.-- (1) In general.--Notwithstanding section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341), a certification under such section shall not be required with respect to a Federal authorization. (2) Coordination.--With respect to any environmental review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)), the Commission shall identify as an agency under subsection (d)(1) the State in which the discharge originates or will originate, or, if appropriate, the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate. (3) Proposed conditions.--A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) that the State or interstate agency determines are necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317). (4) Commission consideration of conditions.--The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) proposed by a State or interstate agency under paragraph (3) only if the Commission finds with clear and convincing evidence that the term or condition is necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317). (5) Commission denial of certificate.--The Commission may deny an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) based on water quality concerns only if the Commission finds with clear and convincing evidence that the proposed project cannot comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317). (g) Schedule.-- (1) Deadline for federal authorizations.--A deadline for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) set by the Commission under section 15(c)(1) of that Act (15 U.S.C. 717n(c)(1)) shall be not later than 90 days after the Commission completes its project-related environmental review, unless an applicable schedule is otherwise established by Federal law. (2) Concurrent reviews.--Each Federal and State agency that may consider an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) shall-- (A) carry out the obligations of that agency under applicable law; and (B) in considering an aspect of an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of pu

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Text of Senate Amendment 5945 Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Pages S3089-S3097] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5945. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: DIVISION E--AMERICAN ENERGY AND MINERAL INFRASTRUCTURE SEC. 4801. SHORT TITLE. This division may be cited as the ``American Energy and Mineral Infrastructure Act of 2026''. SEC. 4802. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS PIPELINES. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Environmental review.--The term ``environmental review'' means the process of preparing, for a proposed agency action in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)-- (A) an environmental impact statement; (B) an environmental assessment; (C) a categorical exclusion; and (D) a finding of no significant impact. (3) Federal authorization.--The term ``Federal authorization'' has the meaning given that term in section 15(a) of the Natural Gas Act (15 U.S.C. 717n(a)). (4) Project-related environmental review.--The term ``project-related environmental review'' means any environmental review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f). (b) Commission Responsibilities.--In acting as the lead agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall, in accordance with this section and other applicable Federal law-- (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related environmental review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related environmental review. (c) Deference to Commission.--In making a decision with respect to a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related environmental review that the Commission determines to be appropriate. (d) Participating Agencies.-- (1) Identification.--The Commission shall identify, not later than 30 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate. (2) Invitation.-- (A) In general.--Not later than 45 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization. (B) Deadline.--An agency invited under subparagraph (A) shall submit a response to the Commission by not later than 30 days after the date the invitation is received, which may be extended by the Commission for good cause for a period of not more than 15 days. [[Page S3090]] (C) Failure to meet deadline.--If an agency invited under subparagraph (A) fails to meet the deadline described in subparagraph (B), the agency shall not be considered a participating or cooperating agency. (3) Designation as participating agencies.--Not later than 60 days after the Commission receives an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f), the Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to that application unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency-- (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related environmental review; or (C) does not intend to submit comments for the record for the project-related environmental review conducted by the Commission. (e) Comment Deadline.--The Commission is not required to respond to comments regarding a Federal authorization submitted after the applicable comment period is over. (f) Water Quality Impacts.-- (1) In general.--Notwithstanding section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341), a certification under such section shall not be required with respect to a Federal authorization. (2) Coordination.--With respect to any environmental review for a Federal authorization to conduct an activity that will directly result in a discharge into the navigable waters (within the meaning of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)), the Commission shall identify as an agency under subsection (d)(1) the State in which the discharge originates or will originate, or, if appropriate, the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate. (3) Proposed conditions.--A State or interstate agency designated as a participating agency pursuant to paragraph (2) may propose to the Commission terms or conditions for inclusion in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) that the State or interstate agency determines are necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317). (4) Commission consideration of conditions.--The Commission may include a term or condition in an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) proposed by a State or interstate agency under paragraph (3) only if the Commission finds with clear and convincing evidence that the term or condition is necessary to ensure that any discharge described in paragraph (2) conducted pursuant to such authorization or certification will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317). (5) Commission denial of certificate.--The Commission may deny an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) based on water quality concerns only if the Commission finds with clear and convincing evidence that the proposed project cannot comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317). (g) Schedule.-- (1) Deadline for federal authorizations.--A deadline for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) set by the Commission under section 15(c)(1) of that Act (15 U.S.C. 717n(c)(1)) shall be not later than 90 days after the Commission completes its project-related environmental review, unless an applicable schedule is otherwise established by Federal law. (2) Concurrent reviews.--Each Federal and State agency that may consider an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of public convenience and necessity under section 7 of that Act (15 U.S.C. 717f) shall-- (A) carry out the obligations of that agency under applicable law; and (B) in considering an aspect of an application for a Federal authorization required with respect to an application for an authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a certificate of pu