1.This Act may be cited as
the North American Energy Security Act
.
2.Congress finds that—
(1)United States
overdependence on oil imports from hostile or unstable regions damages United
States national security, endangers the economy of the United States, puts the
lives of military and civilian personnel at risk, and ensures that access to
oil imports comes at tremendous taxpayer expense;
(2)the United States
imports more than half of the oil it consumes, much of it from countries that
do not have the level of environmental standards of Canada and the United
States and that are hostile to United States interests or that have political
and economic instability that compromises supply security;
(3)while a
significant portion of the United States’ oil imports are derived from allies
such as Canada and Mexico, the United States remains vulnerable to substantial
supply disruptions created by geopolitical tumult in major oil-producing
nations;
(4)strong increases
in oil consumption in the developing world outpace growth in oil supplies,
bringing tight market conditions and higher oil prices in periods of global
economic expansion or when supplies are threatened;
(5)the development
and delivery of oil from Canada to the United States is in the national
interest of the United States by helping to secure reliable oil supplies to
meet demand that is otherwise projected to be met by increases in imports from
less secure and reliable suppliers;
(6)secure and
reliable trade with Canada complements United States domestic energy
priorities;
(7)continued
development of North American energy resources, including Canadian oil,
increases the access of domestic refiners to stable and reliable sources of
crude oil and improves the certainty of fuel supply for the Department of
Defense, the largest consumer of petroleum in the United States;
(8)(A)Canada and the United
States have the largest 2-way trading relationship in the world;
(B)for every United States dollar spent
on products from Canada, including oil, 90 cents is returned to the United
States economy; and
(C)when the same metrics are applied to
trading relationships with some other major sources of United States crude oil
imports, returns are much lower;
(9)(A)the principal choice
for Canadian oil exporters is between moving increasing crude oil volumes to
the United States or Asia, particularly China; and
(B)increased Canadian oil exports to
China would result in increased crude oil imports to the United States from
less secure and reliable foreign sources, many of which do not have the level
of environmental standards of Canada and the United States;
(10)increased
Canadian crude oil imports into the United States correspondingly reduces the
scale of wealth transfers to other more distant foreign sources resulting from
the greater cost of transporting crude oil from those sources;
(11)not only are
United States companies major investors in Canadian oil sands, but many United
States businesses throughout the United States benefit from supplying goods and
services required for ongoing Canadian oil sands operations and
expansion;
(12)there has been
more than 3 years of consideration and a coordinated review by more than a
dozen Federal agencies of the technical aspects and of the environmental,
social, and economic impacts of the proposed pipeline project known as the
Keystone XL from Hardisty, Alberta, to Steele City, Nebraska, and then on to
the United States Gulf Coast through Cushing, Oklahoma;
(13)the Keystone XL
pipeline represents a high capacity pipeline supply option that could meet
near, as well as long-term, market demand for crude oil to United States
refineries, and could also potentially bring over 100,000 barrels per day of
United States Bakken crude oil to market;
(14)completion of
the Keystone XL pipeline would increase total Keystone pipeline system capacity
by 700,000 barrels per day to 1,290,000 barrels per day;
(15)the Keystone XL
pipeline would directly create 20,000 jobs and many more long-term jobs and
related labor income benefits through the supply chain;
(16)the earliest
possible construction of the Keystone XL pipeline will increase the quantity of
proven and potential reserves of Canadian oil available for United States use
and increase United States jobs and will, as a result, serve the national
interest;
(17)the Keystone XL
pipeline would be state-of-the-art and be constructed to meet the highest
safety standards; and
(18)as a result of
the extensive governmental studies already made with respect to the Keystone XL
project and the national interest in early delivery of Canadian oil to United
States markets, a decision with respect to a Presidential permit for the
Keystone XL pipeline should be promptly issued without further administrative
delay or impediment.
3.Permit for
Keystone XL Pipeline
(a)Except as provided in subsection (b), not later than 60
days after the date of enactment of this Act, the President, acting through the
Secretary of State, shall grant a permit under Executive Order 13337 (3 U.S.C.
301 note; relating to issuance of permits 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 application filed on September 19, 2008 (including amendments).
(b)
(1)The President shall
not be required to grant the permit under subsection (a) if the President
determines that the Keystone XL pipeline would not serve the national
interest.
(2)If the President determines that the
Keystone XL pipeline is not in the national interest under paragraph (1), the
President shall, not later than 15 days after the date of the determination,
submit to the Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of Representatives a
report that provides a justification for determination, including consideration
of economic, employment, energy security, foreign policy, trade, and
environmental factors.
(3)Effect of no
finding or actionIf a determination is not made under paragraph
(1) and no action is taken by the President under subsection (a) not later than
60 days after the date of enactment of this Act, the permit for the Keystone XL
pipeline described in subsection (a) that meets the requirements of subsections
(c) and (d) shall be in effect by operation of law.
(c)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 obtain all requisite permits from Canadian authorities and relevant
Federal, State, and local governmental agencies.
(3)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.
(4)For the purpose
of the permit issued 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 (5)(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.
(5)The construction, operation, and
maintenance of the facilities shall be in all material respects similar to that
described in the application described in subsection (a) and—
(A)in accordance with 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).
(6)Other
requirements that are standard industry practice or commonly included in
Federal permits that are similar to a permit issued under subsection
(a).
(d)The
permit issued 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)(5)(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)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 described in
subsection (a) that meets the requirements of subsection (c) and this
subsection, by operation of law.
December 1, 2011
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