[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3548 Introduced in House (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.

    This Act may be cited as the ``North American Energy Access Act''.

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.
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