I 112th CONGRESS 2d Session H. R. 4000 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.

1.

Short title

This Act may be cited as the Energizing America through Employment Act.

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.

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.

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.