North American Energy Access Act - (Sec. 2) Prohibits construction, operation, or maintenance of the oil pipeline and related facilities described in the Final Environmental Impact Statement (EIS) for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011, unless it is in compliance with the terms of a permit prescribed under this Act (including any modified version of that pipeline and related facilities).
(Sec. 3) Instructs the Federal Energy Regulatory Commission (FERC), to issue a permit without additional conditions within 30 days after receipt of an application for the pipeline and related facilities, to be implemented in accordance with such Final EIS.
States that FERC shall not be required to prepare a specified Record of Decision under of the Code of Federal Regulations with respect to issuance of such permit.
Deems a permit to have been issued if FERC has not acted upon a permit application within 30 days after its receipt.
Requires a permit applicant to first obtain FERC approval before making any substantial modifications to either the pipeline route or any other term of the Final EIS.
Directs FERC to expedite consideration of any such proposal to modify.
Directs FERC, within 30 days after enactment of this Act, to: (1) enter into a memorandum of understanding with the state of Nebraska for review under the National Environmental Policy Act of 1969 of any modification to the proposed pipeline route in Nebraska, and (2) complete consideration and to approve such modification within 30 days after receiving the governor's approval.
Deems approval to have been issued if FERC has not acted within 30 days after receiving an application to approve a modification.
Authorizes the permit holder, while modification of the proposed pipeline route in Nebraska is under consideration, to commence or continue construction of any portion of the pipeline and related facilities that are not located within Nebraska.
(Sec. 4) Declares that no presidential permit shall be required for the construction, operation, and maintenance of the pipeline and related facilities.
Declares that nothing in this Act shall affect application to the pipeline and related facilities of: (1) federal pipeline safety requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011; and (2) FERC authority to regulate oil pipeline rates and services.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3548 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3548
To facilitate United States access to North American oil resources, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2011
Mr. Terry (for himself, Mr. Upton, Mr. Whitfield, Mrs. Blackburn, Mr.
Latta, Mr. Murphy of Pennsylvania, Mrs. McMorris Rodgers, Mr. Rehberg,
Mr. Berg, Mr. Harris, Mr. Pitts, Mr. Sullivan, Mr. Shimkus, Mr.
Scalise, Mr. Olson, Mr. Gardner, Mr. Pompeo, Mr. Kinzinger of Illinois,
Mr. Boustany, Mr. Grimm, Mr. Burgess, Mr. Thornberry, Mr. Carter, Mr.
Neugebauer, Ms. Granger, Mr. Culberson, Mr. Sam Johnson of Texas, Mr.
Barletta, Mr. Marino, Mr. Kelly, Mr. Schock, Mr. LaTourette, Mr.
McCotter, Mr. Davis of Kentucky, Mr. Turner of Ohio, Mr. Pearce, Mr.
Gibbs, Mr. Miller of Florida, Mr. Forbes, Mr. Manzullo, Mr. Barton of
Texas, and Mr. Shuster) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on Transportation and Infrastructure 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 facilitate United States access to North American oil resources, 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 ``North American Energy Access Act''.
SEC. 2. RESTRICTION.
(a) In General.--No person may construct, operate, or maintain the
oil pipeline and related facilities described in subsection (b) except
in accordance with a permit issued under this Act.
(b) Pipeline.--The pipeline and related facilities referred to in
subsection (a) are those described in the Final Environmental Impact
Statement for the Keystone XL Pipeline Project issued by the Department
of State on August 26, 2011, including any modified version of that
pipeline and related facilities.
SEC. 3. PERMIT.
(a) Issuance.--
(1) By ferc.--The Federal Energy Regulatory Commission
shall, not later than 30 days after receipt of an application
therefor, issue a permit for the construction, operation, and
maintenance of the oil pipeline and related facilities
described in section 2(b), to be implemented in accordance with
the terms of the Final Environmental Impact Statement described
in section 2(b). The Commission shall not be required to
prepare a Record of Decision under section 1505.2 of title 40
of the Code of Federal Regulations with respect to issuance of
the permit provided for in this section.
(2) Issuance in absence of ferc action.--If the Federal
Energy Regulatory Commission has not acted on an application
for a permit described in paragraph (1) within 30 days after
receiving such application, the permit shall be deemed to have
been issued under this Act upon the expiration of such 30-day
period.
(b) Modification.--
(1) In general.--The applicant for or holder of a permit
described in subsection (a) may make a substantial modification
to the pipeline route or any other term of the Final
Environmental Impact Statement described in section 2(b) only
with the approval of the Federal Energy Regulatory Commission.
The Commission shall expedite consideration of any such
modification proposal.
(2) Nebraska modification.--The Federal Energy Regulatory
Commission shall enter into a memorandum of understanding with
the State of Nebraska for an effective and timely review under
the National Environmental Policy Act of 1969 of any
modification to the proposed pipeline route in Nebraska as
proposed by the applicant for the permit described in
subsection (a). Not later than 30 days after receiving approval
of such proposed modification from the Governor of Nebraska,
the Commission shall complete consideration of and approve such
modification.
(3) Issuance in absence of ferc action.--If the Federal
Energy Regulatory Commission has not acted on an application
for approval of a modification described in paragraph (2)
within 30 days after receiving such application, such
modification shall be deemed to have been issued under this Act
upon expiration of the 30-day period.
SEC. 4. RELATION TO OTHER LAW.
(a) General Rule.--Except as provided in subsection (b), a permit
issued under this Act shall be the sole legal authority required to
construct, operate, and maintain the pipeline and related facilities
described in section 2(b) in the United States.
(b) Exceptions.--Nothing in this Act shall affect the application
to the pipeline and related facilities described in section 2(b) of--
(1) chapter 601 of title 49, United States Code; or
(2) the authority of the Federal Energy Regulatory
Commission to regulate oil pipeline rates and services.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, 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.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy and Power.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 20.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-703, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-703, Part I.
Committee on Transportation discharged.
Committee on Transportation discharged.
Committee on Natural Resources discharged.
Committee on Natural Resources discharged.
Placed on the Union Calendar, Calendar No. 515.