[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3811 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3811

          To approve the Keystone XL pipeline project permit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2012

  Mr. Poe of Texas (for himself, Mr. Boren, Mr. Barton of Texas, Mr. 
 Culberson, Mr. Farenthold, Mr. Sessions, Mr. Olson, Mr. Boustany, Mr. 
Marchant, Mr. Scalise, Mr. McCaul, and Mr. Rohrabacher) introduced the 
 following bill; which was referred to the Committee on Transportation 
  and Infrastructure, and in addition to the Committees on Energy and 
    Commerce 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 approve the Keystone XL pipeline project permit.

    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 ``Keystone For a Secure Tomorrow 
Act''.

SEC. 2. FINDING.

    The Congress finds that the delivery of oil from Alberta, Canada, 
to domestic markets in the United States is in the national interest of 
the United States, and the earliest possible completion of the Keystone 
XL pipeline will best serve the national interest.

SEC. 3. KEYSTONE XL PIPELINE PERMIT APPROVAL.

    (a) Permit Approval.--The permit described in subsection (b) is 
hereby approved.
    (b) Description of Permit.--The permit approved under subsection 
(a) is the permit with respect to certain energy-related facilities and 
land transportation crossings on the international boundaries of the 
United States for the Keystone XL pipeline project, an application for 
which was filed on September 19, 2008 (including amendments).
    (c) Requirements.--The permit granted under subsection (a) shall 
require the following:
            (1) The permittee shall comply with all applicable Federal 
        and State laws (including regulations) and all applicable 
        industrial codes regarding the construction, connection, 
        operation, and maintenance of the United States facilities.
            (2) The permittee shall take all appropriate measures to 
        prevent or mitigate any adverse environmental impact or 
        disruption of historic properties in connection with the 
        construction, operation, and maintenance of the United States 
        facilities.
            (3) For the purpose of the permit approved under subsection 
        (a) (regardless of any modifications under subsection (d))--
                    (A) the final environmental impact statement issued 
                by the Secretary of State on August 26, 2011, satisfies 
                all requirements of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of 
                the National Historic Preservation Act (16 U.S.C. 
                470f);
                    (B) any modification required by the Secretary of 
                State to the Plan described in paragraph (4)(A) shall 
                not require supplementation of the final environmental 
                impact statement described in that paragraph; and
                    (C) no further Federal environmental review shall 
                be required.
            (4) The construction, operation, and maintenance of the 
        facilities shall be in all material respects similar to that 
        described in the application described in subsection (b) and in 
        accordance with--
                    (A) the construction, mitigation, and reclamation 
                measures agreed to by the permittee in the Construction 
                Mitigation and Reclamation Plan found in appendix B of 
                the final environmental impact statement issued by the 
                Secretary of State on August 26, 2011, subject to the 
                modification described in subsection (d);
                    (B) the special conditions agreed to between the 
                permittee and the Administrator of the Pipeline 
                Hazardous Materials Safety Administration of the 
                Department of Transportation found in appendix U of the 
                final environmental impact statement described in 
                subparagraph (A);
                    (C) if the modified route submitted by the Governor 
                of Nebraska under subsection (d)(3)(B) crosses the Sand 
                Hills region, the measures agreed to by the permittee 
                for the Sand Hills region found in appendix H of the 
                final environmental impact statement described in 
                subparagraph (A); and
                    (D) the stipulations identified in appendix S of 
                the final environmental impact statement described in 
                subparagraph (A).
            (5) Other requirements that are standard industry practice 
        or commonly included in Federal permits that are similar to a 
        permit approved under subsection (a).
    (d) Modification.--The permit approved under subsection (a) shall 
require--
            (1) the reconsideration of routing of the Keystone XL 
        pipeline within the State of Nebraska;
            (2) a review period during which routing within the State 
        of Nebraska may be reconsidered and the route of the Keystone 
        XL pipeline through the State altered with any accompanying 
        modification to the Plan described in subsection (c)(4)(A); and
            (3) the President--
                    (A) to coordinate review with the State of Nebraska 
                and provide any necessary data and reasonable technical 
                assistance material to the review process required 
                under this subsection; and
                    (B) to approve the route within the State of 
                Nebraska that has been submitted to the Secretary of 
                State by the Governor of Nebraska.
    (e) Effect of No Approval.--If the President does not approve the 
route within the State of Nebraska submitted by the Governor of 
Nebraska under subsection (d)(3)(B) not later than 10 days after the 
date of submission, the route submitted by the Governor of Nebraska 
under subsection (d)(3)(B) shall be considered approved, pursuant to 
the terms of the permit approved under subsection (a) that meets the 
requirements of subsection (c) and this subsection, by operation of 
law.
    (f) Private Property Savings Clause.--Nothing in this section 
alters the Federal, State, or local processes or conditions in effect 
on the date of enactment of this Act that are necessary to secure 
access from private property owners to construct the Keystone XL 
pipeline.
                                 <all>