[House Report 119-186]
[From the U.S. Government Publishing Office]
119th Congress } { Rept.119-186
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE ACT
_______
July 2, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3062]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3062) to establish a more uniform, transparent,
and modern process to authorize the construction, connection,
operation, and maintenance of international border-crossing
facilities for the import and export of oil and natural gas and
the transmission of electricity, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Committee Action................................................. 7
Committee Votes.................................................. 7
Oversight Findings and Recommendations........................... 10
New Budget Authority, Entitlement Authority, and Tax Expenditures 10
Congressional Budget Office Estimate............................. 10
Federal Mandates Statement....................................... 10
Statement of General Performance Goals and Objectives............ 10
Duplication of Federal Programs.................................. 10
Related Committee and Subcommittee Hearings...................... 10
Committee Cost Estimate.......................................... 12
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 12
Advisory Committee Statement..................................... 12
Applicability to Legislative Branch.............................. 12
Section-by-Section Analysis of the Legislation................... 12
Changes in Existing Law Made by the Bill, as Reported............ 13
Minority, Additional, or Dissenting Views........................ 22
Exchange of Letters with Additional Committees of Referral....... 25
The amendment is as follows:
Striking all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Cross-border Energy
Infrastructure Act''.
SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECURITY.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (e), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after final
action is taken, by the relevant official or agency
identified under subparagraph (B), under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to a border-crossing facility for
which a person requests a certificate of crossing under
this subsection, the relevant official or agency, in
consultation with appropriate Federal agencies, shall
issue a certificate of crossing for the border-crossing
facility unless the relevant official or agency finds
that the construction, connection, operation, or
maintenance of the border-crossing facility is not in
the public interest of the United States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory Commission
with respect to border-crossing facilities
consisting of oil or natural gas pipelines; and
(ii) the Secretary of Energy with respect to
border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate
of crossing for a border-crossing facility consisting
of an electric transmission facility, the Secretary of
Energy shall require, as a condition of issuing the
certificate of crossing under subparagraph (A), that
the border-crossing facility be constructed, connected,
operated, or maintained consistent with all applicable
policies and standards of--
(i) the Electric Reliability Organization and
the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating for
such import, export, or transmission as of the date of
enactment of this Act;
(B) if a Presidential permit (or similar permit) for
the construction, connection, operation, or maintenance
has been issued pursuant to any provision of law or
Executive order; or
(C) if an application for a Presidential permit (or
similar permit) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this Act, until the earlier of--
(i) the date on which such application is
denied; or
(ii) two years after the date of enactment of
this Act, if such a permit has not been issued
by such date of enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (e) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (e) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or
operation of any facility to import or export natural
gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (e) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(b) Importation or Exportation of Natural Gas to Canada and Mexico.--
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by
adding at the end the following: ``In the case of an application for
the importation of natural gas from, or the exportation of natural gas
to, Canada or Mexico, the Commission shall grant the application not
later than 30 days after the date on which the Commission receives the
complete application.''.
(c) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e) of
the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the Federal
Power Act (16 U.S.C. 824a(f)) is amended by striking
``insofar as such State regulation does not conflict
with the exercise of the Commission's powers under or
relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 824a-4(b)) is amended by striking ``the
Commission has conducted hearings and made the findings
required under section 202(e) of the Federal Power
Act'' and all that follows through the period at the
end and inserting ``the Secretary has conducted
hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric
supply within the United States or would not impede or
tend to impede the coordination in the public interest
of facilities subject to the jurisdiction of the
Secretary.''.
(d) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
(e) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or Presidential permit (or similar permit), shall
be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this Act;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(f) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not
revoke a Presidential permit (or similar permit) issued pursuant to
Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No.
11423 (3 U.S.C. 301 note), Executive Order No. 12038 (42 U.S.C. 7151
note), Executive Order No. 10485 (15 U.S.C. 717b note), or any other
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless such
revocation is authorized by an Act of Congress.
(g) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (e), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this Act.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
notice of a proposed rulemaking to carry out the
applicable requirements of subsection (a); and
(B) not later than 1 year after the date of enactment
of this Act, publish in the Federal Register a final
rule to carry out the applicable requirements of
subsection (a).
(h) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located within 1,000
feet of the international boundary of the United States,
measured from the point at which the facility crosses such
boundary into the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase in
the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--The
terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215 of
the Federal Power Act (16 U.S.C. 824o).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
Purpose and Summary
H.R. 3062, the ``Promoting Cross-border Energy
Infrastructure Act,'' was introduced by Rep. Fedorchak (R-ND)
on April 29, 2025. H.R. 3062 would establish a more uniform,
transparent, and modern process to authorize the construction,
connection, operation, and maintenance of international border-
crossing facilities for the import and export of oil and
natural gas and the transmission of electricity. The
legislation would replace the existing Presidential Permit
process that has been established through Executive Order with
a statutorily directed process. Under the legislation, the
Federal Energy Regulatory Commission (FERC) would be authorized
to review applications for cross-border oil and natural gas
pipelines, and DOE would be authorized to review applications
for cross-border electric transmission facilities.
Background and Need for Legislation
Trade of oil, gas, and electricity among the United States,
Canada, and Mexico has resulted in one large, integrated North
American market. In 2024, the value of energy trade between the
United States and its North American partners exceeded $1
trillion.\1\\2\ The expansion of cross-border energy
transportation infrastructure--pipelines for oil and natural
gas and transmission lines for electricity--is necessary to
enable increased energy trade. A number of new projects are
proposed to further expand cross-border capacity, but they face
considerable Federal regulatory uncertainty.
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\1\Office of the United States Trade Representative. Mexico Trade
Summary. USTR, 2023. https://ustr.gov/countries-regions/americas/
mexico.
\2\Office of the United States Trade Representative. Canada Trade
Summary. USTR, 2023. https://ustr.gov/countries-regions/americas/
canada.
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Congress has not asserted its authority to establish
procedures for permitting cross-border energy infrastructure.
In the absence of a statutorily directed process, agencies have
made decisions regarding cross-border energy infrastructure
within the context of their interpretations of a series of
Executive Orders dating back to the 1950's. Under these Orders,
the Secretary of State has the authority to issue Presidential
permits for cross-border liquids pipelines, the FERC for cross-
border natural gas pipelines, and the DOE for cross-border
electric transmission facilities.
The U.S. currently has over 40 cross-border electric
transmission lines between the U.S. and Canada and the U.S. and
Mexico. These interconnections--the majority of which are
located at the Canadian border--have improved reliability, fuel
diversity, and efficiencies in system operations, particularly
for the New England, New York, and Midwest regions. Over the
last decade, the U.S. has experienced growing net electricity
imports from both Canada and Mexico, although Canada is by far
the greater trading partner. Future cross-border electricity
trade will be a function of both the development of future
generation capacity and the availability of cross-border
transmission infrastructure to move electric power. Under
current law, applications for new transmission projects will be
required to obtain a Presidential Permit and an export
authorization from the Secretary of Energy. There are currently
18 pending export authorization applications and five pending
Presidential Permit applications before DOE.\3\
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\3\DOE, Grid Deployment Office, ``Pending Application.''
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There are over 50 operating natural gas pipelines between
the U.S. and Canada and the U.S. and Mexico. Over the last five
years, natural gas pipeline capacity between the U.S. and
Mexico has grown significantly. According to the Energy
Information Administration (EIA), U.S. natural gas pipeline
exports to Mexico averaged a record 6.8 billion cubic feet per
day (bcf/d) in June 2023, surpassing the previous record set in
June 2021.\4\
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\4\Energy Information Administration. U.S. Natural Gas Pipeline
Exports to Mexico Averaged a Record High in 2023. EIA, 6 June 2024.
https://www.eia.gov/todayinenergy/
detail.php?id=60120.
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Under the current process to construct and operate a cross-
border natural gas pipeline, any person seeking to construct
and operate such facility must obtain two, separate
authorizations from FERC for the facility and an authorization
under section 3 of the Natural Gas Act (NGA) is necessary for
siting, construction, or operation of facilities to import or
export natural gas. In addition, pursuant to Executive Order
10485 (September 3, 1954) as amended by Executive Order 12038
(February 3, 1978), a Presidential Permit also must be obtained
for the cross-border portion of the pipeline. Any person
seeking to import or export natural gas must also obtain a
separate authorization from DOE under section 3 of the NGA.\5\
For imports and exports to countries with which the U.S. has a
Free Trade Agreement, such as Canada and Mexico, DOE is
required to grant requests ``without modification or delay.''
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\5\15 United States Code Sec. 717b.
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Executive Order 12038 provides that, before a Presidential
Permit is issued, there must be a finding that the action is
consistent with the public interest. The criteria used for
determining if an application is consistent with the public
interest is identical to the criteria for approving
applications for the siting, construction, and operation of
import and export facilities under section 3 of the NGA.
For ``border facilities'' subject to Presidential Permit
and NGA section 3 review, discretion is given to FERC on a
project-by-project basis to determine the exact scope of the
project review, and therefore the exact parameters of the
Presidential Permit and section 3 application. FERC looks for a
physical feature on a project, such as a valve or meter on the
interior side of the U.S. border, as an end-point for what may
be considered to lie within the Commission's jurisdiction and,
therefore, subject to its review procedures. From the physical
feature, the border crossing facilities would be construed to
extend to either the U.S./Canada or the U.S./Mexico border.
Crude oil trade between the U.S. and its North American
trading partners is significant. Under the current process, any
person seeking to construct and operate an international cross-
border oil pipeline must obtain a Presidential Permit pursuant
to Executive Order 13337 from the Department of State. Under
Executive Order 13337, the Secretary of State is to approve
cross-border oil pipelines that have been determined to ``serve
the national interest.'' Although the Department of State will
not necessarily evaluate the same factors for each application
for a Presidential Permit, its evaluation considers such things
as the environmental impacts of the proposed project
(associated closely with the compliance with the National
Environmental Policy Act (NEPA)), the stability of trading
partners from whom the U.S. obtains crude oil, the security of
transport pathways for crude oil supplies to the U.S., and the
economic benefits to the U.S.
The Committee finds that cross-border permitting authority
should be explicitly granted by statute, as opposed to the
current framework created entirely by the Executive Branch. The
Committee is concerned by the inconsistent, ad hoc manner in
which Presidential Permit authority has been exercised among
the agencies to which it has been delegated by Executive Order.
This issue came into particular focus in the context of the
State Department's review of the Keystone XL pipeline proposal,
which originally applied for a Presidential Permit in 2008 and
did not receive approval until 2017, and subsequently had its
Presidential Permit revoked by President Biden in January 2021.
The Committee also finds that removing the Presidential Permit
authority from the executive branch will grant increased
regulatory certainty to cross-border facilities that have
already been issued a Presidential Permit.
The Committee finds that the statutorily directed process
for cross-border permitting embodied in H.R. 3062 would lead to
more objective and timely decisions, which in turn would create
jobs, strengthen our nation's energy security, and support
affordable and reliable energy for Americans.
H.R. 3062 would replace the Presidential Permit requirement
with a more transparent, efficient, and effective review
process. The legislation would require those seeking to
construct, connect, operate, or maintain a border-crossing
facility for the import or export of oil or natural gas, or the
transmission of electricity, to obtain a Certificate of
Crossing. The term ``border-crossing facility'' and thus what
may be considered jurisdictional for the purposes of the
Certificate of Crossing review, means the portion of the
pipeline or transmission facility that is located within 1,000
feet of an international boundary. This description is
consistent with FERC's established procedures for review of
Presidential Permit and NGA section 3 applications. Under the
legislation, the relevant official would issue the certificate
of crossing unless it is found that the construction,
connection, operation, or maintenance of border facilities
comprising the cross-border segment is not in the public
interest of the United States. Consistent with FERC's existing
procedures for review of cross-border gas pipelines, the cross-
border segment of the border crossing facility would be
identified as the segment spanning from the international
boundary to a physical feature within 1,000 feet, such as a
valve or meter. This legislation would have no effect on the
requirement to obtain approval or authorization under sections
3 and 7 of the NGA or the authorities of FERC with respect to
the siting of oil pipelines upstream or downstream of a border
crossing facility. The legislation would also have no effect on
any other Federal statute that would apply to a project for
which a Certificate of Crossing is required, including any
requirements of NEPA.
Committee Action
On April 30, 2025, the Subcommittee on Energy held a
legislative hearing on 14 pieces of legislation, including H.R.
3062. The Subcommittee received testimony from:
Mike Goff, Acting Undersecretary of Energy,
U.S. Department of Energy;
David L. Morenoff, Acting General Counsel,
Federal Energy Regulatory Commission;
Terry Turpin, Director, Office of Energy
Projects, Federal Energy Regulatory Commission;
Jim Matheson, Chief Executive Officer,
National Rural Electric Cooperative Association;
Amy Andryszak, President and Chief Executive
Officer, Interstate Natural Gas Association of America;
Todd A. Snitchler, President and Chief
Executive Officer, Electric Power Supply Association
and;
Kim Smaczniak, Partner, Roselle LLP.
On June 5, 2025, the Subcommittee on Energy met in open
markup session and forwarded H.R. 3062, as amended, to the full
Committee by a record vote of 16 yeas and 13 nays.
On June 25, 2025, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 3062, without
amendment, favorably reported to the House by a record vote of
28 yeas and 23 nays.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
both the Subcommittee and Committee consideration:
Oversight Findings and Recommendations
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held hearings and made findings that
are reflected in this report.
New Budget Authority, Entitlement Authority,
and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 3062 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
establish coordinated procedures to authorize the construction,
connection, operation, and maintenance of international border-
crossing facilities for the import and export of oil and
natural gas and the transmission of electricity.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3062 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
Related Committee and Subcommittee Hearings
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearings were used to develop or consider H.R. 3062:
On February 5, 2025, the Subcommittee on Energy held a
hearing on H.R. 3062. The title of the hearing was ``Powering
America's Future: Unleashing American Energy.'' The
Subcommittee received testimony from:
Amanda Eversole, Executive Vice President
and Chief Advocacy Officer, American Petroleum
Institute;
Brigham McCown, Senior Fellow and Director,
Initiative on American Energy Security, The Hudson
Institute;
Gary Arnold, Business Manager, Denver
Pipefitters Local 208 and;
Tyler O'Connor, Partner, Crowell & Moring
LLP.
On March 5, 2025, the Subcommittee on Energy held a hearing
on H.R. 3062. The title of the hearing was ``Scaling for
Growth: Meeting the Demand for Reliable, Affordable
Electricity.'' The Subcommittee received testimony from:
Todd Brickhouse, CEO and General Manager,
Basin Electric Power Cooperative;
Asim Haque, Senior Vice President for
Governmental and Member Services, PJM;
Noel W. Black, Senior VP of Regulatory
Affairs, Southern Company and;
Tyler H. Norris, James B. Duke Fellow, Duke
University.
On March 25, 2025, the Subcommittee on Energy held a
hearing on H.R. 3062. The title of the hearing was ``Keeping
the Lights On: Examining the State of Regional Grid
Reliability.'' The Subcommittee received testimony from:
Gordon van Welie, President and Chief
Executive Officer, ISO New England;
Richard J. Dewey, President and Chief
Executive Officer, New York Independent System
Operator;
Manu Asthana, President and Chief Executive
Officer, PJM Interconnection LLC;
Jennifer Curran, Senior Vice President for
Planning and Operations, Midcontinent ISO;
Lanny Nickell, Chief Operating Officer,
Southwest Power Pool;
Elliot Mainzer, President and Chief
Executive Officer, California Independent System
Operator and;
Pablo Vegas President and Chief Executive
Officer, Electric Reliability Council of Texas, Inc.
On April 9, 2025, the Committee on Energy and Commerce held
a full Committee hearing on H.R. 3062. The title of the hearing
was ``The Energy Needs for Advancing American Technological
Leadership.'' The Committee received testimony from:
Eric Schmidt, Chair, Special Competitive
Studies Project;
Manish Bhatia, Executive Vice President of
Global Operations, Micron Technology;
Alexander Wang, Founder and Chief Executive
Officer, Scale AI, and;
David Turk, Distinguished Visiting Fellow,
Center on Global Energy Policy, Columbia University.
On April 30, 2025, the Subcommittee on Energy held a
legislative hearing on H.R. 3062. The title of the hearing was
``Assuring Abundant, Reliable American Energy to Power
Innovation.'' The Subcommittee received testimony from:
Mike Goff, Acting Undersecretary of Energy,
U.S. Department of Energy;
David L. Morenoff, Acting General Counsel,
Federal Energy Regulatory Commission;
Terry Turpin, Director, Office of Energy
Projects, Federal Energy Regulatory Commission;
Jim Matheson, Chief Executive Officer,
National Rural Electric Cooperative Association;
Amy Andryszak, President and Chief Executive
Officer, Interstate Natural Gas Association of America;
Todd A. Snitchler, President and Chief
Executive Officer, Electric Power Supply Association
and;
Kim Smaczniak, Partner, Roselle LLP.
Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 3062 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides the short title of ``Promoting Cross-
Border Energy Infrastructure Act.''
Section 2. Approval for border-crossing facilities
Section 2(a)(1) provides that no person may construct,
connect, operate, or maintain a border-crossing facility for
the import or export of oil or natural gas, or the transmission
of electricity, across an international border of the United
States without obtaining a certificate of crossing.
Section 2(a)(2) instructs relevant officials or agencies,
in consultation with appropriate Federal agencies, to issue a
certificate of crossing for a border-crossing facility within
120 days after final action is taken, unless the relevant
official or agency finds that the construction, connection,
operation, or maintenance of the border-crossing facility is
not in the public interest of the United States. The relevant
official or agency with respect to border-crossing facilities
consisting of oil or natural gas pipelines is the Federal
Energy Regulatory Commission. The relevant official or agency
with respect to electric transmission facilities is the
Secretary of Energy. This section also provides additional
requirements for electric transmission facilities.
Section 2(a)(3) instructs that subsection (a) shall not
apply to border-crossing facilities that are in operation on
the date of enactment of this Act if a permit as described in
subsection (d) has been issued, or if a permit as described in
subsection (d) is pending and meets certain requirements.
Section 2(a)(4) specifies that nothing in subsection (a) or
subsection (e) shall affect the application of any other
Federal statute to a project for which a certificate of
crossing for a border-crossing facility is requested; the
requirement to obtain approval or authorization under sections
3 and 7 of the NGA or the authority of the FERC with respect to
oil pipelines under section 60502 of title 49, United States
Code.
Section 2(b) amends section 3(c) of the NGA directing FERC
to grant an application for the importation of natural gas
from, or exportation of natural gas to, Canada and Mexico not
later than 30 days after the date on which the Commission
receives the complete application.
Section 2(c) repeals section 202(e) of the Federal Power
Act, eliminating the requirement to secure an order from FERC
to transmit electric energy from the United States to a foreign
country. This section also contains conforming amendments
related to State regulations and seasonal diversity electricity
exchange.
Section 2(d) specifies that no Presidential Permit or any
other Executive Order shall be necessary for the construction,
connection, operation, or maintenance of an oil or natural gas
pipeline or electric transmission facility, or any border-
crossing facility.
Section 2(e) directs that no certificate of crossing under
subsection (a) or permit described in subsection (d) shall be
required for a modification to an oil or natural gas pipeline
or electric transmission facility that is operating for the
import or export of energy as of the date of enactment of this
Act. Additionally, a certificate of crossing or a permit shall
not be required for a modification to an oil or natural gas
pipeline or electric transmission facility for which a permit
described in subsection (d) has been issued, or for which a
certificate of crossing has previously been issued under
subsection (a).
Section 2(f) specifies that the President may not revoke a
Presidential permit issued pursuant to a relevant Executive
Order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric
transmission facility unless such revocation is authorized by
Congress.
Section 2(g) specifies that subsections (a) through (c)
shall take effect on the date that is one year after the date
of enactment of this Act. Each relevant official or agency
shall publish in the Federal Register a notice of a proposed
rulemaking to carry out the requirements of subsection (a)
within 180 days after the date of enactment of this Act. Not
later than one year after the date of enactment, the relevant
officials or agencies shall publish a final rule in the Federal
Register.
Section 2(h) provides definitions for terms used throughout
this section.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
NATURAL GAS ACT
* * * * * * *
exportation or importation of natural gas; lng terminals
Sec. 3. (a) After six months from the date on which this act
takes effect no person shall export any natural gas from the
United States to a foreign country or import any natural gas
from a foreign country without first having secured an order of
the Commission authorizing it to do so. The Commission shall
issue such order upon application, unless, after opportunity
for hearing, it finds that the proposed exportation or
importation will not be consistent with the public interest.
The Commission may by its order grant such application, in
whole or in part, with such modification and upon such terms
and conditions as the Commission may find necessary or
appropriate, and may from time to time, after opportunity for
hearing, and for good cause shown, make such supplemental order
in the premises as it may find necessary or appropriate.
(b) With respect to natural gas which is imported into the
United States from a nation with which there is in effect a
free trade agreement requiring national treatment for trade in
natural gas, and with respect to liquefied natural gas--
(1) the importation of such natural gas shall be
treated as a ``first sale'' within the meaning of
section 2(21) of the Natural Gas Policy Act of 1978;
and
(2) the Commission shall not, on the basis of
national origin, treat any such imported natural gas on
an unjust, unreasonable, unduly discriminatory, or
preferential basis.
(c) For purposes of subsection (a), the importation of the
natural gas referred to in subsection (b), or the exportation
of natural gas to a nation with which there is in effect a free
trade agreement requiring national treatment for trade in
natural gas, shall be deemed to be consistent with the public
interest, and applications for such importation or exportation
shall be granted without modification or delay. In the case of
an application for the importation of natural gas from, or the
exportation of natural gas to, Canada or Mexico, the Commission
shall grant the application not later than 30 days after the
date on which the Commission receives the complete application.
(d) Except as specifically provided in this Act, nothing in
this Act affects the rights of States under--
(1) the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
(2) the Clean Air Act (42 U.S.C. 7401 et seq.); or
(3) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(e)(1) The Commission shall have the exclusive authority to
approve or deny an application for the siting, construction,
expansion, or operation of an LNG terminal. Except as
specifically provided in this Act, nothing in this Act is
intended to affect otherwise applicable law related to any
Federal agency's authorities or responsibilities related to LNG
terminals.
(2) Upon the filing of any application to site, construct,
expand, or operate an LNG terminal, the Commission shall--
(A) set the matter for hearing;
(B) give reasonable notice of the hearing to all
interested persons, including the State commission of
the State in which the LNG terminal is located and, if
not the same, the Governor-appointed State agency
described in section 3A;
(C) decide the matter in accordance with this
subsection; and
(D) issue or deny the appropriate order accordingly.
(3)(A) Except as provided in subparagraph (B), the Commission
may approve an application described in paragraph (2), in whole
or part, with such modifications and upon such terms and
conditions as the Commission find necessary or appropriate.
(B) Before January 1, 2015, the Commission shall not--
(i) deny an application solely on the basis that the
applicant proposes to use the LNG terminal exclusively
or partially for gas that the applicant or an affiliate
of the applicant will supply to the facility; or
(ii) condition an order on--
(I) a requirement that the LNG terminal offer
service to customers other than the applicant,
or any affiliate of the applicant, securing the
order;
(II) any regulation of the rates, charges,
terms, or conditions of service of the LNG
terminal; or
(III) a requirement to file with the
Commission schedules or contracts related to
the rates, charges, terms, or conditions of
service of the LNG terminal.
(C) Subparagraph (B) shall cease to have effect on January 1,
2030.
(4) An order issued for an LNG terminal that also offers
service to customers on an open access basis shall not result
in subsidization of expansion capacity by existing customers,
degradation of service to existing customers, or undue
discrimination against existing customers as to their terms or
conditions of service at the facility, as all of those terms
are defined by the Commission.
(f)(1) In this subsection, the term ``military
installation''--
(A) means a base, camp, post, range, station, yard,
center, or homeport facility for any ship or other
activity under the jurisdiction of the Department of
Defense, including any leased facility, that is located
within a State, the District of Columbia, or any
territory of the United States; and
(B) does not include any facility used primarily for
civil works, rivers and harbors projects, or flood
control projects, as determined by the Secretary of
Defense.
(2) The Commission shall enter into a memorandum of
understanding with the Secretary of Defense for the purpose of
ensuring that the Commission coordinate and consult with the
Secretary of Defense on the siting, construction, expansion, or
operation of liquefied natural gas facilities that may affect
an active military installation.
(3) The Commission shall obtain the concurrence of the
Secretary of Defense before authorizing the siting,
construction, expansion, or operation of liquefied natural gas
facilities affecting the training or activities of an active
military installation.
* * * * * * *
----------
FEDERAL POWER ACT
* * * * * * *
PART II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE
COMMERCE
* * * * * * *
interconnection and coordination of facilities; emergencies;
transmission to foreign countries
Sec. 202. (a) For the purpose of assuring an abundant supply
of electric energy throughout the United States with the
greatest possible economy and with regard to the proper
utilization and conservation of natural resources, the
Commission is empowered and directed to divide the country into
regional districts for the voluntary interconnection and
coordination of facilities for the generation, transmission,
and sale of electric energy, and it may at any time thereafter,
upon its own motion or upon application, make such
modifications thereof as in its judgment will promote the
public interest. Each such district shall embrace an area
which, in the judgment of the Commission, can economically be
served by such interconnected and coordinated electric
facilities. It shall be the duty of the Commission to promote
and encourage such interconnection and coordination within each
such district and between such districts. Before establishing
any such district and fixing or modifying the boundaries
thereof the Commission shall give notice to the State
commission of each State situated wholly or in part within such
district, and shall afford each such State commission
reasonable opportunity to present its views and
recommendations, and shall receive and consider such views and
recommendations.
(b) Whenever the Commission, upon application of any State
commission or of any person engaged in the transmission or sale
of electric energy, and after notice to each State commission
and public utility affected and after opportunity for hearing,
finds such action necessary or appropriate in the public
interest it may by order direct a public utility (if the
Commission finds that no undue burden will be placed upon such
public utility thereby) to establish physical connection of its
transmission facilities with the facilities of one or more
other persons engaged in the transmission or sale of electric
energy, to sell energy to or exchange energy with such persons:
Provided, That the Commission shall have no authority to compel
the enlargement of generating facilities for such purposes, nor
to compel such public utility to sell or exchange energy when
to do so would impair its ability to render adequate service to
its customers. The Commission may prescribe the terms and
conditions of the arrangement to be made between the persons
affected by any such order, including the apportionment of cost
between them and the compensation or reimbursement reasonably
due to any of them.
(c)(1) During the continuance of any war in which the United
States is engaged, or whenever the Commission determines that
an emergency exists by reason of a sudden increase in the
demand for electric energy, or a shortage of electric energy or
of facilities for the generation or transmission of electric
energy, or of fuel or water for generating facilities, or other
causes, the Commission shall have authority, either upon its
own motion or upon complaint, with or without notice, hearing,
or report, to require by order such temporary connections of
facilities and such generation, delivery, interchange, or
transmission of electric energy as in its judgment will best
meet the emergency and serve the public interest. If the
parties affected by such order fail to agree upon the terms of
any arrangement between them in carrying out such order, the
Commission, after hearing held either before or after such
order takes effect, may prescribe by supplemental order such
terms as it finds to be just and reasonable, including the
compensation or reimbursement which should be paid to or by any
such party.
(2) With respect to an order issued under this subsection
that may result in a conflict with a requirement of any
Federal, State, or local environmental law or regulation, the
Commission shall ensure that such order requires generation,
delivery, interchange, or transmission of electric energy only
during hours necessary to meet the emergency and serve the
public interest, and, to the maximum extent practicable, is
consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) To the extent any omission or action taken by a party,
that is necessary to comply with an order issued under this
subsection, including any omission or action taken to
voluntarily comply with such order, results in noncompliance
with, or causes such party to not comply with, any Federal,
State, or local environmental law or regulation, such omission
or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4)(A) An order issued under this subsection that may result
in a conflict with a requirement of any Federal, State, or
local environmental law or regulation shall expire not later
than 90 days after it is issued. The Commission may renew or
reissue such order pursuant to paragraphs (1) and (2) for
subsequent periods, not to exceed 90 days for each period, as
the Commission determines necessary to meet the emergency and
serve the public interest.
(B) In renewing or reissuing an order under subparagraph (A),
the Commission shall consult with the primary Federal agency
with expertise in the environmental interest protected by such
law or regulation, and shall include in any such renewed or
reissued order such conditions as such Federal agency
determines necessary to minimize any adverse environmental
impacts to the extent practicable. The conditions, if any,
submitted by such Federal agency shall be made available to the
public. The Commission may exclude such a condition from the
renewed or reissued order if it determines that such condition
would prevent the order from adequately addressing the
emergency necessitating such order and provides in the order,
or otherwise makes publicly available, an explanation of such
determination.
(5) If an order issued under this subsection is subsequently
stayed, modified, or set aside by a court pursuant to section
313 or any other provision of law, any omission or action
previously taken by a party that was necessary to comply with
the order while the order was in effect, including any omission
or action taken to voluntarily comply with the order, shall
remain subject to paragraph (3).
(d) During the continuance of any emergency requiring
immediate action, any person or municipality engaged in the
transmission or sale of electric energy and not otherwise
subject to the jurisdiction of the Commission may make such
temporary connections with any public utility subject to the
jurisdiction of the Commission or may construct such temporary
facilities for the transmission of electric energy in
interstate commerce as may be necessary or appropriate to meet
such emergency, and shall not become subject to the
jurisdiction of the Commission by reason of such temporary
connection or temporary construction: Provided, That such
temporary connection shall be discontinued or such temporary
construction removed or otherwise disposed of upon the
termination of such emergency: Provided further, That upon
approval of the Commission permanent connections for emergency
use only may be made hereunder.
[(e) After six months from the date on which this Part takes
effect, no person shall transmit any electric energy from the
United States to a foreign country without first having secured
an order of the Commission authorizing it to do so. The
Commission shall issue such order upon application unless,
after opportunity for hearing, it finds that the proposed
transmission would impair the sufficiency of electric supply
within the United States or would impede or tend to impede the
coordination in the public interest of facilities subject to
the jurisdiction of the Commission. The Commission may by its
order grant such application in whole or in part, with such
modifications and upon such terms and conditions as the
Commission may find necessary or appropriate, and may from time
to time, after opportunity for hearing and for good cause
shown, make such supplemental orders in the premises as it may
find necessary or appropriate.]
(f) The ownership or operation of facilities for the
transmission or sale at wholesale of electric energy which is
(a) generated within a State and transmitted from that State
across an international boundary and not thereafter transmitted
into any other State, or (b) generated in a foreign country and
transmitted across an international boundary into a State and
not thereafter transmitted into any other State, shall not make
a person a public utility subject to regulation as such under
other provisions of this part. The State within which any such
facilities are located may regulate any such transaction
[insofar as such State regulation does not conflict with the
exercise of the Commission's powers under or relating to
subsection 202(e)].
(g) In order to insure continuity of service to customers of
public utilities, the Commission shall require by rule, each
public utility to--
(1) report promptly to the Commission and any
appropriate State regulatory authorities any
anticipated shortage of electric energy or capacity
which would affect such utility's capability of serving
its wholesale customers,
(2) submit to the Commission, and to any appropriate
State regulatory authority, and periodically revise,
contingency plans respecting--
(A) shortages of electric energy or capacity,
and
(B) circumstances which may result in such
shortages, and
(3) accommodate any such shortages or circumstances
in a manner which shall--
(A) give due consideration to the public
health, safety, and welfare, and
(B) provide that all persons served directly
or indirectly by such public utility will be
treated, without undue prejudice or
disadvantage.
* * * * * * *
----------
PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 602. SEASONAL DIVERSITY ELECTRICITY EXCHANGE.
(a) Authority.--The Secretary may acquire rights-of-way by
purchase, including eminent domain, through North Dakota, South
Dakota, and Nebraska for transmission facilities for the
seasonal diversity exchange of electric power to and from
Canada if he determines--
(1) after opportunity for public hearing--
(A) that the exchange is in the public
interest and would further the purposes
referred to in section 101 (1) and (2) of this
Act and that the acquisition of such rights-of-
way and the construction and operation of such
transmission facilities for such purposes is
otherwise in the public interest,
(B) that a permit has been issued in
accordance with subsection (b) for such
construction, operation, maintenance, and
connection of the facilities at the border for
the transmission of electric energy between the
United States and Canada as is necessary for
such exchange of electric power, and
(C) that each affected State has approved the
portion of the transmission route located in
each State in accordance with applicable State
law, or if there is no such applicable State
law in such State, the Governor has approved
such portion; and
(2) after consultation with the Secretary of the
Interior and the heads of other affected Federal
agencies, that the Secretary of the Interior and the
heads of such, other agencies concur in writing in the
location of such portion of the transmission facilities
as crosses Federal land under the jurisdiction of such
Secretary or such other Federal agency, as the case may
be.
The Secretary shall provide to any State such cooperation and
technical assistance as the State may request and as he
determines appropriate in the selection of a transmission
route. If the transmission route approved by any State does not
appear to be feasible and in the public interest, the Secretary
shall encourage such State to review such route and to develop
a route that is feasible and in the public interest. Any
exercise by the Secretary of the power of eminent domain under
this section shall be in accordance with other applicable
provisions of Federal law. The Secretary shall provide public
notice of his intention to acquire any right-of-way before
exercising such power of eminent domain with respect to such
right-of-way.
(b) Permit.--Notwithstanding any transfer of functions under
the first sentence of section 301(b) of the Department of
Energy Organization Act, no permit referred to in subsection
(a)(1)(B) may be issued unless [the Commission has conducted
hearings and made the findings required under section 202(e) of
the Federal Power Act and under the applicable execution order
respecting the construction, operation, maintenance, or
connection at the borders of the United States of facilities
for the transmission of electric energy between the United
States and a foreign country. Any finding of the Commission
under an applicable executive order referred to in this
subsection shall be treated for purposes of judicial review as
an order issued under section 202(e) of the Federal Power Act.]
the Secretary has conducted hearings and finds that the
proposed transmission facilities would not impair the
sufficiency of electric supply within the United States or
would not impede or tend to impede the coordination in the
public interest of facilities subject to the jurisdiction of
the Secretary.
(c) Timely Acquisition by Other Means.--The Secretary may not
acquire any rights-of-day under this section unless he
determines that the holder or holders of a permit referred to
in subsection (a)(1)(B) are unable to acquire such rights-of-
way under State condemnation authority, or after reasonable
opportunity for negotiation, without unreasonably delaying
construction, taking into consideration the impact of such
delay on completion of the facilities in a timely fashion.
(d) Payments by Permittees.--(1) The property interest
acquired by the Secretary under this section (whether by
eminent domain or other purchase) shall be transferred by the
Secretary to the holder of a permit referred to in subsection
(b) if such holder has made payment to the Secretary of the
entire costs of the acquisition of such property interest,
including administrative costs. The Secretary may accept, and
expend, for purposes of such acquisition, amounts from any such
person before acquiring a property interest to be transferred
to such person under this section.
(2) If no payment is made by a permit holder under paragraph
(1), within a reasonable time, the Secretary shall offer such
rights-of-way to the original owner for reacquisition at the
original price paid by the Secretary. If such original owner
refuses to reacquire such property after a reasonable period,
the Secretary shall dispose of such property in accordance with
applicable provisions of law governing disposal of property of
the United States.
(e) Federal Law Governing Federal Lands.--This section shall
not affect any Federal law governing Federal lands.
(f) Reports.--The Secretary shall report annually to the
Congress on the actions, if any, taken pursuant to this
section.
* * * * * * *
MINORITY VIEWS
H.R. 3062, the Promoting Cross-border Energy Infrastructure
Act H.R. 3062 continues a decade-long Republican effort to
relitigate decisions made with respect to the Keystone XL
pipeline, a pipeline that ceased development over four years
ago.\1\ This bill represents the second time this Congress that
Republicans have attempted to move the legislation through the
Committee--during consideration of the committee print for
reconciliation legislation for Fiscal Year 2025, Republicans
proposed a provision that would have mandated the approval of
cross-border energy infrastructure for a fee of $50,000.\2\
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\1\Developer Abandons Keystone XL Pipeline Project, Ending Decade-
Long Battle, NPR (June 9, 2021).
\2\House Committee on Energy and Commerce, Committee Print, Title
IV, Committee on Energy and Commerce, Dissenting Views, 119th Cong.
(May, 16, 2025).
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Ostensibly, the bill is focused on transforming the current
permitting process created and authorized by executive orders
into one authorized by statute.\3\ That is a laudable goal,
assuming the statutory provisions do not undermine
environmental laws. Unfortunately, the bill focuses on
protecting crude oil and refined petroleum pipelines in
particular from the full scope of environmental reviews under
the National Environmental Policy Act (NEPA) by narrowing the
scope of Federal authorization to solely the first 1,000 feet
of the pipeline after the border, and excluding consideration
of the rest of the pipeline. This is particularly egregious, as
the environmental review of the entirety of the Keystone XL
pipeline was vital in then-Secretary of State John Kerry's
recommendation to President Obama that the issuance of a
Presidential Permit would not serve the national interest.\4\
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\3\Exec. Order No. 10485, 18 Fed. Reg. 5397 (Sep. 3, 1953); Exec.
Order No. 12038, 43 Fed. Reg. 4957 (Feb. 7, 1978); Exec. Order No.
13867, 84 Fed. Reg. 15491 (Apr. 15, 2019).
\4\Department of State, Record of Decision and National Interest
Determination: TransCanada Keystone Pipeline, L.P. Application for
Presidential Permit (Nov. 6, 2015).
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Furthermore, the bill forces the Federal Energy Regulatory
Commission (FERC) and the Department of Energy (DOE) to become
experts in matters of foreign affairs and diplomacy by not
specifying which agencies they must consult before making a
determination on whether or not a border-crossing facility is
in the public interest. This is a major departure from current
procedures, which require DOE and FERC to obtain favorable
recommendations from the State Department and Department of
Defense in order to move forward with border-crossing permits
for natural gas and electric transmission lines (crude oil and
refined petroleum product pipeline approvals are already
handled by the State Department).\5\
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\5\See note 3.
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The bill also severely curtails the power of DOE to
condition and regulate the imports and exports of electricity
to Canada and Mexico. Section 202(e) of the Federal Power Act
currently requires DOE to grant orders authorizing the
transmission of electricity between the U.S. and a foreign
nation unless it finds that the ``proposed transmission would
impair the sufficiency of electric supply within the United
States or would impede or tend to impede the coordination in
the public interest of facilities subject to the
Commission.''\6\ However, the law also gives DOE the authority
to attach any condition to its approvals that it deems
necessary or appropriate. Section 2(a)(2)(C) of H.R. 3062 would
completely repeal section 202(e) of the Federal Power Act, and
only allow DOE to condition its approval of electric
transmission border-crossing facilities on those facilities'
compliance with reliability and grid operator requirements,
giving up any ability to engage in economic regulation.
---------------------------------------------------------------------------
\6\16 U.S.C. 824a(e).
---------------------------------------------------------------------------
In the 118th Congress, at a legislative hearing on February
7, 2023, the Subcommittees on Energy, Climate, and Grid
Security and Environment, Manufacturing, and Critical Materials
heard testimony from Mr. Tyson Slocum, Director of the Energy
Program at Public Citizen, on legislative text nearly-identical
to H.R. 3062. Mr. Slocum testified that the provisions in the
bill relating to natural gas pipelines would allow companies to
dodge the requirements of section 3 of the Natural Gas Act, and
easily export natural gas to Mexico, where it could then be re-
exported anywhere in the world in the form of liquified natural
gas (LNG).\7\ He also testified--and DOE has since found--that
increased LNG exports lead to higher domestic natural gas
prices.\8\\9\ Given the correlation between domestic natural
gas and electricity prices, this bill will likely lead to
Americans paying more for power, heating, and cooking all at
once.
---------------------------------------------------------------------------
\7\House Committee on Energy and Commerce, Testimony of Tyson
Slocum, Director of the Energy Program, Public Citizen, Hearing on
Unleashing American Energy, Lowering Energy Costs, and Strengthening
Supply Chains, 118th Cong. (Feb. 7, 2023).
\8\Id.
\9\Department of Energy, Statement from U.S. Secretary of Energy
Jennifer M. Granholm on Updated Final Analysis (Dec. 2024).
---------------------------------------------------------------------------
During the markup of the bill in the Energy Subcommittee,
Representative Fedorchak (R-ND) stated that ``The underlying
legislation does nothing to alter the environmental review of
these projects.''\10\ The majority's report similarly states
that ``The legislation would also have no effect on any other
Federal statute that would apply to a project for which a
Certificate of Crossing is required, including any requirements
of NEPA.'' Unfortunately, the legislative history indicates
that the majority is mistaken. In the 115th Congress, a nearly
identical piece of legislation, H.R. 2883, came to the floor,
and the House adopted an amendment authored by Rep. Marc Veasey
(D-TX) by voice vote clarifying that nothing in the bill shall
affect the scope of any environmental review required by
NEPA.\11\ When this legislation was re-introduced in the 117th
Congress and in this Congress, the only substantive change from
the language that passed the House in the 115th Congress was
that Rep. Veasey's amendment had been removed.\12\ An amendment
adding identical language back into the bill was offered by
Rep. Veasey during the Energy Subcommittee's markup of the bill
was defeated on a recorded vote.
---------------------------------------------------------------------------
\10\House Committee on Energy and Commerce, Subcommittee on Energy,
Markup of 13 Bills, 119th Cong. (June 5, 2025).
\11\H.Amdt. 209, 115th Cong. (2017).
\12\H.R. 1058, 118th Cong. (2023).
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For the reasons stated above, I oppose this legislation.
Frank Pallone, Jr.,
Ranking Member.
[all]