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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2041 Placed on Calendar Senate (PCS)]
Calendar No. 308
112th CONGRESS
2d Session
S. 2041
To approve the Keystone XL pipeline project and provide for
environmental protection and government oversight.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
Calendar No. 308
112th CONGRESS
2d Session
S. 2041
_______________________________________________________________________
A BILL
To approve the Keystone XL pipeline project and provide for
environmental protection and government oversight.
_______________________________________________________________________
January 31, 2012
Read the second time and placed on the calendar
Introduced in Senate
Sponsor introductory remarks on measure. (CR S165-166)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 308.
Sponsor introductory remarks on measure. (CR S366-367)
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