H.R.3 - Northern Route Approval Act
To approve the construction, operation, and maintenance of the Keystone XL pipeline, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||1,715||n/a||n/a|
|Reported in House||2,026||6||16%|
|Engrossed in House||1,875||13||46%|
|Placed on Calendar Senate||1,937||8 Show Changes Hide Changes||2%|
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(1) To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole.CommentsClose CommentsPermalink
(2) The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources.CommentsClose CommentsPermalink
(3) The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes.CommentsClose CommentsPermalink
(4) The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts.CommentsClose CommentsPermalink
(5) The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline, and--CommentsClose CommentsPermalink
(A) the Department of State assessments found that the Keystone XL pipeline ‘is not likely to impact the amount of crude oil produced from the oil sands’ and that ‘approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands’;CommentsClose CommentsPermalink
(B) the Department of State found that incremental life-cycle greenhouse gas emissions associated with the Keystone XL project are estimated in the range of 0.07 to 0.83 million metric tons of carbon dioxide equivalents, with the upper end of this range representing twelve one-thousandths of one percent of the 6,702 million metric tons of carbon dioxide emitted in the United States in 2011; andCommentsClose CommentsPermalink
(C) after extensive evaluation of potential impacts to land and water resources along the Keystone XL pipeline’s 875 mile proposed route, the Department of State found that ‘The analyses of potential impacts associated with construction and normal operation of the proposed Project suggest that there would be no significant impacts to most resources along the proposed Project route (assuming Keystone complies with all laws and required conditions and measures).’.CommentsClose CommentsPermalink
(A) transportation of oil via pipeline has a record of unmatched safety and environmental protection, and the Department of State found that ‘Spills associated with the proposed Project that enter the environment expected to be rare and relatively small’, and that ‘there is no evidence of increased corrosion or other pipeline threat due to viscosity’ of diluted bitumen oil that will be transported by the Keystone XL pipeline; andCommentsClose CommentsPermalink
(B) plans to incorporate 57 project-specific special conditions related to the design, construction, and operations of the Keystone XL pipeline led the Department of State to find that the pipeline will have ‘a degree of safety over any other typically constructed domestic oil pipeline’.CommentsClose CommentsPermalink
(7) The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources.CommentsClose CommentsPermalink
SEC. 3. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (
SEC. 4. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction- Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine--CommentsClose CommentsPermalink
(1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued;CommentsClose CommentsPermalink
(2) the constitutionality of any provision of this Act, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act; orCommentsClose CommentsPermalink
(3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (
(c) Expedited Consideration- The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil.CommentsClose CommentsPermalink
SEC. 5. AMERICAN BURYING BEETLE.
(1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 (
(2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat.CommentsClose CommentsPermalink
(b) Biological Opinion- The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 (
SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.
The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act (
SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.
(a) Issuance of Permits- The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act (
(b) Waiver of Procedural Requirements- The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section.CommentsClose CommentsPermalink
(c) Issuance in Absence of Action by the Secretary- If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act (
(d) Limitation- The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section.CommentsClose CommentsPermalink
SEC. 8. MIGRATORY BIRD TREATY ACT PERMIT.
The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act (
SEC. 9. OIL SPILL RESPONSE PLAN DISCLOSURE.
(a) In General- Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness.CommentsClose CommentsPermalink
(b) Updates- A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made.CommentsClose CommentsPermalink