[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3537 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3537
To require the Secretary of State to act on a permit for the Keystone
XL pipeline.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2011
Mr. Rehberg introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Foreign Affairs, Energy and Commerce, and Natural
Resources, 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 require the Secretary of State to act on a permit for the Keystone
XL pipeline.
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 ``North American Energy Security
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) United States overdependence on oil imports from
hostile or unstable regions damages United States national
security, endangers the economy of the United States, puts the
lives of military and civilian personnel at risk, and ensures
that access to oil imports comes at tremendous taxpayer
expense;
(2) the United States imports more than half of the oil it
consumes, much of it from countries that do not have the level
of environmental standards of Canada and the United States and
that are hostile to United States interests or that have
political and economic instability that compromises supply
security;
(3) while a significant portion of the United States' oil
imports are derived from allies such as Canada and Mexico, the
United States remains vulnerable to substantial supply
disruptions created by geopolitical tumult in major oil-
producing nations;
(4) strong increases in oil consumption in the developing
world outpace growth in oil supplies, bringing tight market
conditions and higher oil prices in periods of global economic
expansion or when supplies are threatened;
(5) the development and delivery of oil from Canada to the
United States is in the national interest of the United States
by helping to secure reliable oil supplies to meet demand that
is otherwise projected to be met by increases in imports from
less secure and reliable suppliers;
(6) secure and reliable trade with Canada complements
United States domestic energy priorities;
(7) continued development of North American energy
resources, including Canadian oil, increases the access of
domestic refiners to stable and reliable sources of crude oil
and improves the certainty of fuel supply for the Department of
Defense, the largest consumer of petroleum in the United
States;
(8)(A) Canada and the United States have the largest 2-way
trading relationship in the world;
(B) for every United States dollar spent on products from
Canada, including oil, 90 cents is returned to the United
States economy; and
(C) when the same metrics are applied to trading
relationships with some other major sources of United States
crude oil imports, returns are much lower;
(9)(A) the principal choice for Canadian oil exporters is
between moving increasing crude oil volumes to the United
States or Asia, particularly China; and
(B) increased Canadian oil exports to China would result in
increased crude oil imports to the United States from less
secure and reliable foreign sources, many of which do not have
the level of environmental standards of Canada and the United
States;
(10) increased Canadian crude oil imports into the United
States correspondingly reduces the scale of wealth transfers to
other more distant foreign sources resulting from the greater
cost of transporting crude oil from those sources;
(11) not only are United States companies major investors
in Canadian oil sands, but many United States businesses
throughout the United States benefit from supplying goods and
services required for ongoing Canadian oil sands operations and
expansion;
(12) there has been more than 3 years of consideration and
a coordinated review by more than a dozen Federal agencies of
the technical aspects and of the environmental, social, and
economic impacts of the proposed pipeline project known as the
Keystone XL from Hardisty, Alberta, to Steele City, Nebraska,
and then on to the United States Gulf Coast through Cushing,
Oklahoma;
(13) the Keystone XL pipeline represents a high capacity
pipeline supply option that could meet near, as well as long-
term, market demand for crude oil to United States refineries,
and could also potentially bring over 100,000 barrels per day
of United States Bakken crude oil to market;
(14) completion of the Keystone XL pipeline would increase
total Keystone pipeline system capacity by 700,000 barrels per
day to 1,290,000 barrels per day;
(15) the Keystone XL pipeline would directly create 20,000
jobs and many more long-term jobs and related labor income
benefits through the supply chain;
(16) the earliest possible construction of the Keystone XL
pipeline will increase the quantity of proven and potential
reserves of Canadian oil available for United States use and
increase United States jobs and will, as a result, serve the
national interest;
(17) the Keystone XL pipeline would be state-of-the-art and
be constructed to meet the highest safety standards; and
(18) as a result of the extensive governmental studies
already made with respect to the Keystone XL project and the
national interest in early delivery of Canadian oil to United
States markets, a decision with respect to a Presidential
permit for the Keystone XL pipeline should be promptly issued
without further administrative delay or impediment.
SEC. 3. PERMIT FOR KEYSTONE XL PIPELINE.
(a) In General.--Except as provided in subsection (b), not later
than 60 days after the date of enactment of this Act, the President,
acting through the Secretary of State, shall grant a permit under
Executive Order 13337 (3 U.S.C. 301 note; relating to issuance of
permits with respect to certain energy-related facilities and land
transportation crossings on the international boundaries of the United
States) for the Keystone XL pipeline project application filed on
September 19, 2008 (including amendments).
(b) Exception.--
(1) In general.--The President shall not be required to
grant the permit under subsection (a) if the President
determines that the Keystone XL pipeline would not serve the
national interest.
(2) Report.--If the President determines that the Keystone
XL pipeline is not in the national interest under paragraph
(1), the President shall, not later than 15 days after the date
of the determination, submit to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of
the House of Representatives, the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, and the minority leader of the House
of Representatives a report that provides a justification for
determination, including consideration of economic, employment,
energy security, foreign policy, trade, and environmental
factors.
(3) Effect of no finding or action.--If a determination is
not made under paragraph (1) and no action is taken by the
President under subsection (a) not later than 60 days after the
date of enactment of this Act, the permit for the Keystone XL
pipeline described in subsection (a) that meets the
requirements of subsections (c) and (d) shall be in effect by
operation of law.
(c) Requirements.--The permit granted under subsection (a) shall
require the following:
(1) The permittee shall comply with all applicable Federal
and State laws (including regulations) and all applicable
industrial codes regarding the construction, connection,
operation, and maintenance of the United States facilities.
(2) The permittee shall obtain all requisite permits from
Canadian authorities and relevant Federal, State, and local
governmental agencies.
(3) The permittee shall take all appropriate measures to
prevent or mitigate any adverse environmental impact or
disruption of historic properties in connection with the
construction, operation, and maintenance of the United States
facilities.
(4) For the purpose of the permit issued under subsection
(a) (regardless of any modifications under subsection (d))--
(A) the final environmental impact statement issued
by the Secretary of State on August 26, 2011, satisfies
all requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of
the National Historic Preservation Act (16 U.S.C.
470f);
(B) any modification required by the Secretary of
State to the Plan described in paragraph (5)(A) shall
not require supplementation of the final environmental
impact statement described in that paragraph; and
(C) no further Federal environmental review shall
be required.
(5) The construction, operation, and maintenance of the
facilities shall be in all material respects similar to that
described in the application described in subsection (a) and--
(A) in accordance with the construction,
mitigation, and reclamation measures agreed to by the
permittee in the Construction Mitigation and
Reclamation Plan found in appendix B of the final
environmental impact statement issued by the Secretary
of State on August 26, 2011, subject to the
modification described in subsection (d);
(B) the special conditions agreed to between the
permittee and the Administrator of the Pipeline
Hazardous Materials Safety Administration of the
Department of Transportation found in appendix U of the
final environmental impact statement described in
subparagraph (A);
(C) if the modified route submitted by the Governor
of Nebraska under subsection (d)(3)(B) crosses the Sand
Hills region, the measures agreed to by the permittee
for the Sand Hills region found in appendix H of the
final environmental impact statement described in
subparagraph (A); and
(D) the stipulations identified in appendix S of
the final environmental impact statement described in
subparagraph (A).
(6) Other requirements that are standard industry practice
or commonly included in Federal permits that are similar to a
permit issued under subsection (a).
(d) Modification.--The permit issued under subsection (a) shall
require--
(1) the reconsideration of routing of the Keystone XL
pipeline within the State of Nebraska;
(2) a review period during which routing within the State
of Nebraska may be reconsidered and the route of the Keystone
XL pipeline through the State altered with any accompanying
modification to the Plan described in subsection (c)(5)(A); and
(3) the President--
(A) to coordinate review with the State of Nebraska
and provide any necessary data and reasonable technical
assistance material to the review process required
under this subsection; and
(B) to approve the route within the State of
Nebraska that has been submitted to the Secretary of
State by the Governor of Nebraska.
(e) Effect of No Approval.--If the President does not approve the
route within the State of Nebraska submitted by the Governor of
Nebraska under subsection (d)(3)(B) not later than 10 days after the
date of submission, the route submitted by the Governor of Nebraska
under subsection (d)(3)(B) shall be considered approved, pursuant to
the terms of the permit described in subsection (a) that meets the
requirements of subsection (c) and this subsection, by operation of
law.
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