Energizing America through Employment Act - Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008.
Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline.
Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities.
Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline.
Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State.
States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA.
Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act.
Instructs the Secretary of State, for purposes of making a national interest determination under Executive Order 13337 (or any successor Executive Order) regarding a pipeline application, to solicit the views of specified congressional committees regarding such application and pertinent information.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4000 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4000
To approve the Keystone XL pipeline project, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2012
Mr. Mack (for himself, Mr. Rehberg, Mr. Boren, Mr. Griffin of Arkansas,
Mr. Kissell, Ms. Ros-Lehtinen, Mr. Rokita, Mrs. McMorris Rodgers, Mr.
Sessions, Mr. Schock, Mr. Lamborn, Mrs. Noem, Mr. Flake, Mr. Poe of
Texas, Mr. Rivera, Mr. Berg, Mr. Duncan of South Carolina, Mrs. Lummis,
Mr. Bishop of Utah, Mr. Herger, Mrs. Schmidt, Mr. Chabot, Mr. Manzullo,
Mr. King of New York, Mrs. Capito, Mr. McClintock, Mr. Sam Johnson of
Texas, Mr. Burton of Indiana, Mr. Brooks, Mr. Carter, Mr. West, Mr.
Cole, Mr. Bilirakis, Mr. Canseco, Ms. Buerkle, Mrs. Ellmers, Mr. Broun
of Georgia, Mr. Diaz-Balart, Mr. Chaffetz, Mr. Miller of Florida, Mr.
Lucas, Mr. Landry, Mr. Royce, Mr. Culberson, Mrs. Bono Mack, Mr.
Huizenga of Michigan, Mr. Duncan of Tennessee, Mr. McCaul, Mr.
Boustany, Mrs. Miller of Michigan, Mr. Farenthold, Mr. Rigell, and Mr.
Gibbs) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Energy and Commerce, Natural Resources, and Foreign
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To approve the Keystone XL pipeline project, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energizing America through
Employment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On April 30, 2004, President George W. Bush issued
Executive Order 13337 (3 U.S.C. 301 note), delegating to the
Department of State authority to oversee the permitting process
of cross-border pipeline projects in an effort ``to expedite
reviews of permits as necessary to accelerate the completion of
energy production and transmission projects''.
(2) On September 19, 2008, the Department of State received
an application for the Keystone XL pipeline.
(3) On August 26, 2011, the Department of State issued a
final environmental impact statement stating that the Keystone
XL pipeline project posed ``no significant [environmental]
impact''.
(4) Three years and four months after the Keystone XL
application was submitted, due to objections to an imposed
timeline, the Department of State failed to uphold section 1(g)
of Executive Order 13337 requiring the Secretary of State to
make a national interest determination based on the ``views and
assistance obtained'' previously in relation to the merits of
the permit requested by the applicant.
(5) Congress has the constitutional authority to regulate
commerce with foreign nations, and among the several States,
and with the Indian Tribes.
(6) The construction of the Keystone XL pipeline will
result in job creation, increased energy security, ancillary
benefits, and multiplier effects for the economy of the United
States.
(7) The earliest possible completion of the Keystone XL
pipeline project serves the national interest of the United
States.
SEC. 3. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.
(a) Approval of Cross-Border Facilities.--
(1) In general.--In accordance with section 8 of article 1
of the Constitution (delegating to Congress the power to
regulate commerce with foreign nations), TransCanada Keystone
Pipeline, L.P. is authorized to construct, connect, operate,
and maintain pipeline facilities, subject to subsection (c),
for the import of crude oil and other hydrocarbons at the
United States-Canada Border at Phillips County, Montana, in
accordance with the application filed with the Department of
State on September 19, 2008 (as supplemented and amended).
(2) Permit.--Notwithstanding any other provision of law, no
permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or
any other similar Executive Order regulating construction,
connection, operation, or maintenance of facilities at the
borders of the United States, and no additional environmental
impact statement, shall be required for TransCanada Keystone
Pipeline, L.P. to construct, connect, operate, and maintain the
facilities described in paragraph (1).
(b) Construction and Operation of Keystone XL Pipeline in United
States.--
(1) In general.--The final environmental impact statement
issued by the Department of State on August 26, 2011, shall be
considered to satisfy all requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other provision of law that requires Federal agency
consultation or review with respect to the cross-border
facilities described in subsection (a)(1) and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended).
(2) Permits.--Any Federal permit or authorization issued
before the date of enactment of this Act for the cross-border
facilities described in subsection (a)(1), and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended), shall remain in effect.
(c) Conditions.--In constructing, connecting, operating, and
maintaining the cross-border facilities described in subsection (a)(1)
and related facilities in the United States described in the
application filed with the Department of State on September 19, 2008
(as supplemented and amended), TransCanada Keystone Pipeline, L.P.
shall comply with the following conditions:
(1) TransCanada Keystone Pipeline, L.P. shall comply with
all applicable Federal and State laws (including regulations)
and all applicable industrial codes regarding the construction,
connection, operation, and maintenance of the facilities.
(2) Except as provided in subsection (a)(2), TransCanada
Keystone Pipeline, L.P. shall comply with all requisite permits
from Canadian authorities and applicable Federal, State, and
local government agencies in the United States.
(3) TransCanada Keystone Pipeline, L.P. shall take all
appropriate measures to prevent or mitigate any adverse
environmental impact or disruption of historic properties in
connection with the construction, connection, operation, and
maintenance of the facilities.
(4) The construction, connection, operation, and
maintenance of the facilities shall be--
(A) in all material respects, similar to that
described in--
(i) the application filed with the
Department of State on September 19, 2008 (as
supplemented and amended); and
(ii) the final environmental impact
statement described in subsection (b)(1); and
(B) carried out in accordance with--
(i) the construction, mitigation, and
reclamation measures agreed to for the project
in the construction mitigation and reclamation
plan contained in appendix B of the final
environmental impact statement described in
subsection (b)(1);
(ii) the special conditions agreed to
between the owners and operators of the project
and the Administrator of the Pipeline and
Hazardous Materials Safety Administration of
the Department of Transportation, as contained
in appendix U of the final environmental impact
statement;
(iii) the measures identified in appendix H
of the final environmental impact statement, if
the modified route submitted by the State of
Nebraska to the Secretary of State crosses the
Sand Hills region; and
(iv) the stipulations identified in
appendix S of the final environmental impact
statement.
(d) Route in Nebraska.--
(1) In general.--Any route and construction, mitigation,
and reclamation measures for the project in the State of
Nebraska that is identified by the State of Nebraska and
submitted to the Secretary of State under this section is
considered sufficient for the purposes of this section.
(2) Prohibition.--Construction of the facilities in the
United States described in the application filed with the
Department of State on September 19, 2008 (as supplemented and
amended), shall not commence in the State of Nebraska until the
date on which the Secretary of State receives a route for the
project in the State of Nebraska that is identified by the
State of Nebraska.
(3) Receipt.--On the date of receipt of the route described
in paragraph (1) by the Secretary of State, the route for the
project within the State of Nebraska under this section shall
supersede the route for the project in the State specified in
the application filed with the Department of State on September
19, 2008 (including supplements and amendments).
(4) Cooperation.--Not later than 30 days after the date on
which the State of Nebraska submits a request to the Secretary
of State or any appropriate Federal official, the Secretary of
State or Federal official shall provide assistance that is
consistent with the law of the State of Nebraska.
(e) Administration.--
(1) In general.--Any action taken to carry out this section
(including the modification of any route under subsection (d))
shall not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) State siting authority.--Nothing in this section alters
any provision of State law relating to the siting of pipelines.
(3) Private property.--Nothing in this section alters any
Federal, State, or local process or condition in effect on the
date of enactment of this Act that is necessary to secure
access from an owner of private property to construct the
project.
(f) Federal Judicial Review.--The cross-border facilities described
in subsection (a)(1), and the related facilities in the United States
described in the application filed with the Department of State on
September 19, 2008 (as supplemented and amended), that are approved by
this section, and any permit, right-of-way, or other action taken to
construct or complete the project pursuant to Federal law, shall only
be subject to judicial review on direct appeal to the United States
Court of Appeals for the District of Columbia Circuit.
SEC. 4. REFERRAL OF APPLICATIONS FOR FUTURE CROSS-BORDER PIPELINE
FACILITIES AT THE UNITED STATES BORDERS.
(a) Referral of Application.--For purposes of making a national
interest determination under Executive Order 13337 (3 U.S.C. 301 note)
(or any successor Executive Order) with respect to any application
filed with the Department of State on or after the date of enactment of
this Act to construct, connect, operate, and maintain pipeline
facilities at the borders of the United States for the import of crude
oil and other hydrocarbons, the Secretary of State shall, in addition
to referring the application to the departments and agencies described
in section 1(b)(ii) of Executive Order 13337 (or any successor
Executive Order), also refer the application and pertinent information
to the committees of Congress specified in subsection (b) for purposes
of requesting the views of such committees of Congress.
(b) Committees of Congress.--The committees of Congress referred to
in subsection (a) are--
(1) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, and the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Transportation and Infrastructure, the Committee on Energy and
Commerce, and the Committee on Natural Resources of the House
of Representatives.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on Energy and Power.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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Referred to the Subcommittee on Terrorism, Nonproliferation, and Trade.
Referred to the Subcommittee on the Western Hemisphere.