HR 3548 IH
112th CONGRESS
1st Session
H. R. 3548
To facilitate United States access to North American oil resources, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
December 2, 2011
Mr. TERRY (for himself, Mr. UPTON, Mr. WHITFIELD, Mrs. BLACKBURN, Mr. LATTA, Mr. MURPHY of Pennsylvania, Mrs. MCMORRIS RODGERS, Mr. REHBERG, Mr. BERG, Mr. HARRIS, Mr. PITTS, Mr. SULLIVAN, Mr. SHIMKUS, Mr. SCALISE, Mr. OLSON, Mr. GARDNER, Mr. POMPEO, Mr. KINZINGER of Illinois, Mr. BOUSTANY, Mr. GRIMM, Mr. BURGESS, Mr. THORNBERRY, Mr. CARTER, Mr. NEUGEBAUER, Ms. GRANGER, Mr. CULBERSON, Mr. SAM JOHNSON of Texas, Mr. BARLETTA, Mr. MARINO, Mr. KELLY, Mr. SCHOCK, Mr. LATOURETTE, Mr. MCCOTTER, Mr. DAVIS of Kentucky, Mr. TURNER of Ohio, Mr. PEARCE, Mr. GIBBS, Mr. MILLER of Florida, Mr. FORBES, Mr. MANZULLO, Mr. BARTON of Texas, and Mr. SHUSTER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To facilitate United States access to North American oil resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. RESTRICTION.
(a) In General- No person may construct, operate, or maintain the oil pipeline and related facilities described in subsection (b) except in accordance with a permit issued under this Act.
(b) Pipeline- The pipeline and related facilities referred to in subsection (a) are those described in the Final Environmental Impact Statement for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011, including any modified version of that pipeline and related facilities.
SEC. 3. PERMIT.
(a) Issuance-
(1) BY FERC- The Federal Energy Regulatory Commission shall, not later than 30 days after receipt of an application therefor, issue a permit for the construction, operation, and maintenance of the oil pipeline and related facilities described in section 2(b), to be implemented in accordance with the terms of the Final Environmental Impact Statement described in section 2(b). The Commission shall not be required to prepare a Record of Decision under section 1505.2 of title 40 of the Code of Federal Regulations with respect to issuance of the permit provided for in this section.
(2) ISSUANCE IN ABSENCE OF FERC ACTION- If the Federal Energy Regulatory Commission has not acted on an application for a permit described in paragraph (1) within 30 days after receiving such application, the permit shall be deemed to have been issued under this Act upon the expiration of such 30-day period.
(b) Modification-
(1) IN GENERAL- The applicant for or holder of a permit described in subsection (a) may make a substantial modification to the pipeline route or any other term of the Final Environmental Impact Statement described in section 2(b) only with the approval of the Federal Energy Regulatory Commission. The Commission shall expedite consideration of any such modification proposal.
(2) NEBRASKA MODIFICATION- The Federal Energy Regulatory Commission shall enter into a memorandum of understanding with the State of Nebraska for an effective and timely review under the National Environmental Policy Act of 1969 of any modification to the proposed pipeline route in Nebraska as proposed by the applicant for the permit described in subsection (a). Not later than 30 days after receiving approval of such proposed modification from the Governor of Nebraska, the Commission shall complete consideration of and approve such modification.
(3) ISSUANCE IN ABSENCE OF FERC ACTION- If the Federal Energy Regulatory Commission has not acted on an application for approval of a modification described in paragraph (2) within 30 days after receiving such application, such modification shall be deemed to have been issued under this Act upon expiration of the 30-day period.
SEC. 4. RELATION TO OTHER LAW.
(a) General Rule- Except as provided in subsection (b), a permit issued under this Act shall be the sole legal authority required to construct, operate, and maintain the pipeline and related facilities described in section 2(b) in the United States.
(b) Exceptions- Nothing in this Act shall affect the application to the pipeline and related facilities described in section 2(b) of--
(1) chapter 601 of title 49, United States Code; or
(2) the authority of the Federal Energy Regulatory Commission to regulate oil pipeline rates and services.
U.S. Congress - Text of H.R.3548 as Introduced in House North American Energy Access Act
