[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4000 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4000

  To approve the Keystone XL pipeline project, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2012

Mr. Mack (for himself, Mr. Rehberg, Mr. Boren, Mr. Griffin of Arkansas, 
 Mr. Kissell, Ms. Ros-Lehtinen, Mr. Rokita, Mrs. McMorris Rodgers, Mr. 
  Sessions, Mr. Schock, Mr. Lamborn, Mrs. Noem, Mr. Flake, Mr. Poe of 
Texas, Mr. Rivera, Mr. Berg, Mr. Duncan of South Carolina, Mrs. Lummis, 
Mr. Bishop of Utah, Mr. Herger, Mrs. Schmidt, Mr. Chabot, Mr. Manzullo, 
 Mr. King of New York, Mrs. Capito, Mr. McClintock, Mr. Sam Johnson of 
  Texas, Mr. Burton of Indiana, Mr. Brooks, Mr. Carter, Mr. West, Mr. 
Cole, Mr. Bilirakis, Mr. Canseco, Ms. Buerkle, Mrs. Ellmers, Mr. Broun 
 of Georgia, Mr. Diaz-Balart, Mr. Chaffetz, Mr. Miller of Florida, Mr. 
   Lucas, Mr. Landry, Mr. Royce, Mr. Culberson, Mrs. Bono Mack, Mr. 
    Huizenga of Michigan, Mr. Duncan of Tennessee, Mr. McCaul, Mr. 
Boustany, Mrs. Miller of Michigan, Mr. Farenthold, Mr. Rigell, and Mr. 
    Gibbs) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committees on Energy and Commerce, Natural Resources, and Foreign 
Affairs, 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, 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 ``Energizing America through 
Employment Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On April 30, 2004, President George W. Bush issued 
        Executive Order 13337 (3 U.S.C. 301 note), delegating to the 
        Department of State authority to oversee the permitting process 
        of cross-border pipeline projects in an effort ``to expedite 
        reviews of permits as necessary to accelerate the completion of 
        energy production and transmission projects''.
            (2) On September 19, 2008, the Department of State received 
        an application for the Keystone XL pipeline.
            (3) On August 26, 2011, the Department of State issued a 
        final environmental impact statement stating that the Keystone 
        XL pipeline project posed ``no significant [environmental] 
        impact''.
            (4) Three years and four months after the Keystone XL 
        application was submitted, due to objections to an imposed 
        timeline, the Department of State failed to uphold section 1(g) 
        of Executive Order 13337 requiring the Secretary of State to 
        make a national interest determination based on the ``views and 
        assistance obtained'' previously in relation to the merits of 
        the permit requested by the applicant.
            (5) Congress has the constitutional authority to regulate 
        commerce with foreign nations, and among the several States, 
        and with the Indian Tribes.
            (6) The construction of the Keystone XL pipeline will 
        result in job creation, increased energy security, ancillary 
        benefits, and multiplier effects for the economy of the United 
        States.
            (7) The earliest possible completion of the Keystone XL 
        pipeline project serves the national interest of the United 
        States.

SEC. 3. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.

    (a) Approval of Cross-Border Facilities.--
            (1) In general.--In accordance with section 8 of article 1 
        of the Constitution (delegating to Congress the power to 
        regulate commerce with foreign nations), TransCanada Keystone 
        Pipeline, L.P. is authorized to construct, connect, operate, 
        and maintain pipeline facilities, subject to subsection (c), 
        for the import of crude oil and other hydrocarbons at the 
        United States-Canada Border at Phillips County, Montana, in 
        accordance with the application filed with the Department of 
        State on September 19, 2008 (as supplemented and amended).
            (2) Permit.--Notwithstanding any other provision of law, no 
        permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or 
        any other similar Executive Order regulating construction, 
        connection, operation, or maintenance of facilities at the 
        borders of the United States, and no additional environmental 
        impact statement, shall be required for TransCanada Keystone 
        Pipeline, L.P. to construct, connect, operate, and maintain the 
        facilities described in paragraph (1).
    (b) Construction and Operation of Keystone XL Pipeline in United 
States.--
            (1) In general.--The final environmental impact statement 
        issued by the Department of State on August 26, 2011, shall be 
        considered to satisfy all requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        any other provision of law that requires Federal agency 
        consultation or review with respect to the cross-border 
        facilities described in subsection (a)(1) and the related 
        facilities in the United States described in the application 
        filed with the Department of State on September 19, 2008 (as 
        supplemented and amended).
            (2) Permits.--Any Federal permit or authorization issued 
        before the date of enactment of this Act for the cross-border 
        facilities described in subsection (a)(1), and the related 
        facilities in the United States described in the application 
        filed with the Department of State on September 19, 2008 (as 
        supplemented and amended), shall remain in effect.
    (c) Conditions.--In constructing, connecting, operating, and 
maintaining the cross-border facilities described in subsection (a)(1) 
and related facilities in the United States described in the 
application filed with the Department of State on September 19, 2008 
(as supplemented and amended), TransCanada Keystone Pipeline, L.P. 
shall comply with the following conditions:
            (1) TransCanada Keystone Pipeline, L.P. 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 facilities.
            (2) Except as provided in subsection (a)(2), TransCanada 
        Keystone Pipeline, L.P. shall comply with all requisite permits 
        from Canadian authorities and applicable Federal, State, and 
        local government agencies in the United States.
            (3) TransCanada Keystone Pipeline, L.P. shall take all 
        appropriate measures to prevent or mitigate any adverse 
        environmental impact or disruption of historic properties in 
        connection with the construction, connection, operation, and 
        maintenance of the facilities.
            (4) The construction, connection, operation, and 
        maintenance of the facilities shall be--
                    (A) in all material respects, similar to that 
                described in--
                            (i) the application filed with the 
                        Department of State on September 19, 2008 (as 
                        supplemented and amended); and
                            (ii) the final environmental impact 
                        statement described in subsection (b)(1); and
                    (B) carried out in accordance with--
                            (i) the construction, mitigation, and 
                        reclamation measures agreed to for the project 
                        in the construction mitigation and reclamation 
                        plan contained in appendix B of the final 
                        environmental impact statement described in 
                        subsection (b)(1);
                            (ii) the special conditions agreed to 
                        between the owners and operators of the project 
                        and the Administrator of the Pipeline and 
                        Hazardous Materials Safety Administration of 
                        the Department of Transportation, as contained 
                        in appendix U of the final environmental impact 
                        statement;
                            (iii) the measures identified in appendix H 
                        of the final environmental impact statement, if 
                        the modified route submitted by the State of 
                        Nebraska to the Secretary of State crosses the 
                        Sand Hills region; and
                            (iv) the stipulations identified in 
                        appendix S of the final environmental impact 
                        statement.
    (d) Route in Nebraska.--
            (1) In general.--Any route and construction, mitigation, 
        and reclamation measures for the project in the State of 
        Nebraska that is identified by the State of Nebraska and 
        submitted to the Secretary of State under this section is 
        considered sufficient for the purposes of this section.
            (2) Prohibition.--Construction of the facilities in the 
        United States described in the application filed with the 
        Department of State on September 19, 2008 (as supplemented and 
        amended), shall not commence in the State of Nebraska until the 
        date on which the Secretary of State receives a route for the 
        project in the State of Nebraska that is identified by the 
        State of Nebraska.
            (3) Receipt.--On the date of receipt of the route described 
        in paragraph (1) by the Secretary of State, the route for the 
        project within the State of Nebraska under this section shall 
        supersede the route for the project in the State specified in 
        the application filed with the Department of State on September 
        19, 2008 (including supplements and amendments).
            (4) Cooperation.--Not later than 30 days after the date on 
        which the State of Nebraska submits a request to the Secretary 
        of State or any appropriate Federal official, the Secretary of 
        State or Federal official shall provide assistance that is 
        consistent with the law of the State of Nebraska.
    (e) Administration.--
            (1) In general.--Any action taken to carry out this section 
        (including the modification of any route under subsection (d)) 
        shall not constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) State siting authority.--Nothing in this section alters 
        any provision of State law relating to the siting of pipelines.
            (3) Private property.--Nothing in this section alters any 
        Federal, State, or local process or condition in effect on the 
        date of enactment of this Act that is necessary to secure 
        access from an owner of private property to construct the 
        project.
    (f) Federal Judicial Review.--The cross-border facilities described 
in subsection (a)(1), and the related facilities in the United States 
described in the application filed with the Department of State on 
September 19, 2008 (as supplemented and amended), that are approved by 
this section, and any permit, right-of-way, or other action taken to 
construct or complete the project pursuant to Federal law, shall only 
be subject to judicial review on direct appeal to the United States 
Court of Appeals for the District of Columbia Circuit.

SEC. 4. REFERRAL OF APPLICATIONS FOR FUTURE CROSS-BORDER PIPELINE 
              FACILITIES AT THE UNITED STATES BORDERS.

    (a) Referral of Application.--For purposes of making a national 
interest determination under Executive Order 13337 (3 U.S.C. 301 note) 
(or any successor Executive Order) with respect to any application 
filed with the Department of State on or after the date of enactment of 
this Act to construct, connect, operate, and maintain pipeline 
facilities at the borders of the United States for the import of crude 
oil and other hydrocarbons, the Secretary of State shall, in addition 
to referring the application to the departments and agencies described 
in section 1(b)(ii) of Executive Order 13337 (or any successor 
Executive Order), also refer the application and pertinent information 
to the committees of Congress specified in subsection (b) for purposes 
of requesting the views of such committees of Congress.
    (b) Committees of Congress.--The committees of Congress referred to 
in subsection (a) are--
            (1) the Committee on Foreign Relations, the Committee on 
        Commerce, Science, and Transportation, and the Committee on 
        Energy and Natural Resources of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Transportation and Infrastructure, the Committee on Energy and 
        Commerce, and the Committee on Natural Resources of the House 
        of Representatives.
                                 <all>