II Calendar No. 308 112th CONGRESS 2d Session S. 2041 IN THE SENATE OF THE UNITED STATES January 30, 2012 Mr. Hoeven (for himself, Mr. Lugar, Mr. Vitter, Mr. McConnell, Mr. Johanns, Mr. Portman, Mr. Barrasso, Mr. McCain, Mr. Cornyn, Mrs. Hutchison, Mr. Thune, Mr. Sessions, Mr. Alexander, Mr. Moran, Ms. Ayotte, Mr. Boozman, Mr. DeMint, Mr. Paul, Ms. Murkowski, Mr. Kyl, Mr. Manchin, Mr. Lee, Mr. Blunt, Mr. Inhofe, Mr. Toomey, Mr. Hatch, Mr. Burr, Mr. Chambliss, Mr. Coats, Mr. Corker, Mr. Coburn, Mr. Cochran, Mr. Crapo, Mr. Graham, Mr. Enzi, Mr. Grassley, Mr. Heller, Mr. Isakson, Mr. Johnson of Wisconsin, Mr. Risch, Mr. Roberts, Mr. Rubio, Mr. Shelby, Mr. Wicker, and Mr. Brown of Massachusetts) introduced the following bill; which was read the first time January 31, 2012 Read the second time and placed on the calendar A BILL To approve the Keystone XL pipeline project and provide for environmental protection and government oversight.

1.

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.

January 31, 2012 Read the second time and placed on the calendar